Terms of Use – for CMI Websites or Software

(cmicc.com, SaaSColourmanagement.com, SaasColormanagement.com, ASPColourmanagement.com, ASPColormanagement.com, aspcm.cmicc.com, spotcolours.com & spotcolors.com)

January 2018, version 1.6e

End User License Agreement (EULA)

Welcome to Color Management Intelligence bv (CMI) and the websites of CMI as saascolourmanagement.com, saascolormanagement.com, aspcolourmanagement.com, aspcolormanagement.com, cmicc.com, spotcolours.com & spotcolors.com (“Site”).

Please read the following Terms of Use carefully before using this Site or ordering/downloading any of our products, so that you are aware of your legal rights and obligations with respect to CMI and its affiliates and subsidiaries (individually and collectively, “CMI”).

By using the Site, software or purchasing any products, you signify your irrevocable acceptance of these Terms of Use. You also agree to ensure that anyone who uses the Site via licensed to You or Software on your computer also abides by the Terms of Use. CMI has the right to revise the Terms of Use at any time without providing notice to its users. Your continued use of the Site shall be deemed irrevocable acceptance of those revisions. Parties will contract via confirming the acceptance of the conditions of the Terms of Use by Internet or by e-mail. Any update or (partial) modification of the contract will also be confirmed or accepted by Internet or e-mail unless CMI asks for an explicit written consent. We may also impose limits on certain features or restrict your access to parts or the entire Site without notice or liability.

YOU AGREE THAT THIS AGREEMENT IS LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED: FOR EXAMPLE, IF APPLICABLE, YOUR EMPLOYER.

You will not be able to login on the Site or download or install any software that is accompanied by or includes an end user license agreement unless you agree to the terms of such end user license agreement. If you do not agree to such terms, you will not be able to use the SITE or Software.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACTIVATE OR USE THE SOFTWARE. Please send a request to support@cmicc.com to RETURN THE SOFTWARE FOR A REFUND.

CMI AND ITS SUPPLIERS OWN ALL INTELLECTUAL PROPERTY IN THE SITE. THE SITE ARE LICENSED, NOT SOLD. CMI PERMITS YOU TO COPY, DOWNLOAD, INSTALL, USE, OR OTHERWISE BENEFIT FROM THE FUNCTIONALITY OR INTELLECTUAL PROPERTY OF THE SITE.

ONLY IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. USE OF SOME CMI AND SOME

THIRD PARTY MATERIALS AND SERVICES INCLUDED IN OR ACCESSED THROUGH THE SITE OR SOFTWARE MAY BE SUBJECT TO OTHER TERMS AND CONDITIONS TYPICALLY FOUND IN A SEPARATE LICENSE AGREEMENT, TERMS OF USE OR "READ ME" FILE LOCATED WITHIN OR NEAR SUCH MATERIALS.

THE SITE OR SOFTWARE MAY INCLUDE PRODUCT ACTIVATION AND OTHER TECHNOLOGY DESIGNED TO PREVENT UNAUTHORIZED USE AND COPYING, AND TECHNOLOGY TO HELP YOU MANAGE LICENSES. SUCH TECHNOLOGY MAY PREVENT YOUR USE OF THE SITE IF YOU DO NOT FOLLOW THE ACTIVATION, INSTALLATION, AND/OR LICENSE MANAGEMENT PROCESS DESCRIBED IN THE SITE AND DOCUMENTATION. Please send a request to support@cmicc.com FOR INFORMATION ABOUT PRODUCT ACTIVATION AND LICENSE MANAGEMENT.

THE LICENSE IS DELIVERED AFTER YOU AGREED THE TERMS OF USE AND YOU ACTIVATED THE LICENSE USING THE RECEIVED ACTIVATION CODE FROM YOUR SUPPLIER TO ACTIVATE THE SITE OR SOFTWARE. YOU WILL NOT RECEIVE ANY CD /DVD, MANUAL, DONGLE OR OTHER FYSIC PACKAGE.

1.       Definitions.

2.       Terms of Use.

3.       Intellectual Property Ownership.

4.       Restrictions.

5.       Updates.

6.       Compliance with Licenses.

7.       Limited Warranty.

8.       Disclaimer.

9.       Export Rules.

10.   Governing Law.

11.   General Provisions.

1. Definitions.

"CMI" means Color Management Intelligence bv, Rembrandtlaan 1, 5161 ER, Sprang-Capelle, The Netherlands.

“Site” means the internet websites owned and hosted by CMI like: www.saascolourmanagement.com, www.saascolormanagement.com, www.aspcolourmangement.com, www.aspcolormanagement.com www.cmicc.com , www.spotcolours.com & www.spotcolors.com required in order for the End User to operate on hardware on which the Software itself is not resident.

"Computer" means a computer device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.

“You” means the End User.

“End User Product” means an Output File, generated by You. Example of End User Product is a text file includes colour data described in a CGATS format.

"Internal Network" means a private, proprietary network resource accessible only by employees and individual contractors (i.e., temporary employees) of a specific corporation or similar business entity. Internal Network does not include portions of the Internet or any other network community open to the public, such as membership or subscription driven groups, associations and similar organizations.

"IP Rights" shall mean (i) patents, pending patent applications, designs, trade marks and trade names (whether registered or unregistered), copyright and related rights, database rights, knowhow and confidential information; (ii) all other intellectual property rights and similar or equivalent rights anywhere in the world which currently exist or are recognised in the future; and (iii) applications, extensions and renewals in relation to any such rights.

“Output File” means an output file generated by you using the Site.

"Permitted Number" means one (1) unless otherwise indicated under a valid license (e.g., volume license) granted by

CMI.

CMI or third party software files and other computer information; (ii) sample photographs, images, clip art and other artistic works bundled with CMI software and not obtained from CMI or another party through a separate service ("Content Files"); (iii) related explanatory written materials and files ("Documentation"); and (b) any modified versions and copies of, and upgrades, updates and additions to, such information, provided to you by CMI at any time, to the extent not provided under a separate agreement (collectively, "Updates").

2. Term of Use

These Terms of Use are effective until terminated by either you or CMI as set out below. You may terminate your agreement with CMI at any time by ceasing to use the Site or Software and destroying the User Materials together with all copies thereof. CMI may terminate its agreement with You at any time if you have breached any term or condition of these Terms of Use. In such event, no notice shall be required by CMI to effect such termination. Upon termination of these Terms of Use, You agree to cease using the Site and to destroy the User Materials together with all backup copies, modifications, printed or written materials, and merged portions in any form, or return same to CMI at your expense.

If you obtained the Site or Software from CMI or one of its authorized licensees and as long as you comply with the terms of this agreement, CMI grants you a non-exclusive license to use the Site or Software in the manner and for the purposes described in the Documentation, as further set forth below.

2.1 General Use. You may use the Site or Software only on up to the Permitted Number of your compatible Computers installed in the users Internal Network, use outside your Internal Network is NOT allowed;

2.2

To be able to use the Website Service, you must own upfront an X-RiteÒ Spectrophotometer supported by the (downloadable free of charge) ColorPort software of X-RiteÒ (www.xrite.com), accept the Terms of Use, Terms of Service and privacy policy and register for a User ID via the activation code. X-RiteÒ ColorPort or the X-RiteÒ Spectrophotometer is not part of this agreement.

2.3

To be able to use the quality control (verify) part of the Site You can use for free the CMI GoldenJob with its Fogra MediaWedge (Media Wedge is license to CMI) or any artwork with a valid Fogra License.

NOTE: To use a Fogra Media Wedge separate of the CMI GoldenJob or a third party design inclusive the Media Wedge licensed by the third Party, You must have a license to use. License of a Media Wedge are given by the Fogra organization www.fogra.org

2.4 Fair Usage Policy

CMI is allowed to describe this Fair Usage Policy in detail. Generally we ask you to use this Site or Software to optimize only your totally IN-HOUSE environment and not more than that. CMI understands that the amount of use will be related to the amount of colour printers or -presses in your environment and the drifts of it. CMI is allowed to analyze possible misbehaviour of the use of the site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at CMI’s sole discretion.

2.5 Server Use. You may use or install the Permitted Number of copies of the Site or Software on the Permitted Number of Computer file server(s) within your Internal Network only for use of the Site or Software initiated by an individual through commands, data or instructions (e.g., scripts) from a Computer within the same Internal Network. The total number of users permitted to use the Site or Software on such Computer file server(s) may not exceed the Permitted Number. No other network installation or access (either directly or through commands, data or instructions) is permitted, including, but not limited to: (i) from or to a Computer not part of your Internal Network, (ii) for enabling web hosted workgroups or services available to the public, (iii) by any individual or entity to use, download, copy or otherwise benefit from the functionality of the Site unless licensed to do so by CMI, (iv) as a component of a system, workflow or service accessible by more than the Permitted Number of users, or (v) for operations not initiated by an individual user (e.g., high-volume automated server processing of wire feed content).

2.6 Portable Outhouse Use. The primary user (you) of the Site (“Primary User”) may NOT install or use his or a second copy of the Site for his or her exclusive use on either a portable Computer or a Computer located outhouse of the Primary User.

2.7 If Outhouse use is requested CMI can give based on special circumstances a (temporary) licenses to use the Site or Software on a different location what is not in the Internal Network of the Primary User.

2.8 Backup Copy. You may make a reasonable number of backup copies of the Software, provided your backup copies are not installed or used for other than archival purposes.

CMI shall use reasonable endeavours to keep the CMI Site available for the provision of the Service. CMI is entitled to suspend the CMI Site or a part thereof in case it is necessary for the repair, improvement, and/or upgrade of the CMI Site. Further, CMI may change the technical features and/or otherwise adjust the CMI Software at any time in order to comply and keep pace with the latest demands, requirements and technological developments, at its own discretion.

2.9 Output File created by the Service. Unless stated otherwise in the "Read-Me" files associated with the Output Files created by the website, which may include specific rights and restrictions with respect to such materials, you may display, edit or copy the Output Files provided by the website. However, you may not distribute or sell to third parties or have third parties use the output Files (i.e., in circumstances in which the Output File constitute the primary value of the product being distributed or sold). You may not claim or change any trademark rights or copyrights of the Output File or derivative works thereof.

2.10 Submissions. Certain parts of the Site ask to upload content, written suggestions or problem reports such as uploading CGATS files or Quality Assurance data (“Submissions”). In such a case, please read carefully the specific terms, which govern those Submissions (“Additional Terms”). In the absence of Additional Terms, the CMI Terms of Use shall govern your legal rights with respect to those Submissions.

The Submissions shall be deemed the property of CMI. CMI shall exclusively own all now known or hereafter existing rights to the Submissions throughout the universe in perpetuity and shall be entitled to use the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. In any event, any Submissions you send to CMI will not be treated as confidential and CMI shall not be liable for any disclosure of the Submissions.

2.11 Confidential. If under specific circumstances data is needed from Primary User uploaded to website related to a service call made by the Primary User, CMI is allowed to share content of Primary User to provide the requested service with third parties. The third party will use your uploaded data as confidential. If data of Primary User will be shared with a Third Party, only in case if this necessary to bring the best performance to the Primary User, CMI will mark this data with ‘Confidential’.

2.12 Accounts and Security. CMI does not warrant that the functions contained in the service provided by the Site will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.

As part of the registration process, each user will select a password (“Password”) and login (“Login Name”). You shall provide CMI with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your Account. The login name can only be your personal e-mail address. You may not (i) select or use a Login Name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; or (iii) use a Login Name that CMI, in its sole discretion, deems inappropriate or offensive.

You shall notify CMI of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.

Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at CMI’s sole discretion, and you may be reported to appropriate law-enforcement agencies.

2.13 Website Output. For use in your Internal Network, you are permitted to copy Website Output (modified or unmodified) only if all of the following conditions are met: (1) you do not include the Website Output in any product or application designed for website development; and (2) you do not use the CMI name, logos or other CMI trademarks to market or distribute in anyway whatsoever your application. You agree to indemnify, hold harmless and defend CMI from and against any loss, damage, claims or lawsuits, including attorney's fees, that arise or result from the use or distribution of your application.

2.14 Languages. CMI may provide the Content or Service in the following languages: English, …

3. Intellectual Property Ownership. The Site/Software and any authorized copies that you make are the intellectual properties of and are owned by CMI and its suppliers. The structure, organization and code of the Site and Software are the valuable trade secrets and confidential information of CMI and its suppliers. The Site and Software is protected by law, including but not limited to the copyright laws of the Netherlands and other countries, the copyrights. Like GNU AGPL (www.gnu.org/licenses), X-Rite (www.xrite.com), Fogra (www.fogra.org) ,IdeAlliance and by international treaty provisions. Except as expressly stated herein, this agreement does not grant you any intellectual property rights in the Site or Software and all rights not expressly granted are reserved by CMI and its suppliers. CMI will only assign rights to its own written source codes. All rights of open software are specified in the GNU AGPL licenses www.gnu.org/licenses and CMI will give no additional rights to it.

Third Parties

The Site includes hyperlinks to other Sites and content and introduces you to various third party merchants (“Merchant(s)”) whose products and services may be purchased on the Merchants’ websites.

Your use of each of these third party websites is subject to the terms and conditions posted on the applicable website. CMI has no control over such third party websites and the inclusion on the Site of a hyperlink to any third party website is not an endorsement by CMI of such website, or to any content, products or services available on it.

You acknowledge and agree that:

The product information and pricing that is shown on the Site regarding third party products and services is given to CMI by the applicable Merchant. The Merchant has the ability to change their pricing or terminate their product availability at anytime.

CMI is not involved in any transactions between you and any Merchant whose products and/or services are listed on the Site. CMI does not control, is not responsible for and does not guarantee: (i) the pricing, quality, performance, availability or terms and conditions of purchase of products or services provided by the Merchant; (ii) any payment transactions, delivery, returns or after sales activities related to the products or services purchased on the Merchants’ websites; (iii) the availability of the Merchant’s websites; (iv) the completeness, truth or accuracy of any advertising or other materials on, or available from, the Merchants’ websites, nor any listing or other content about such products and services displayed on the Site; (v) links to the Merchants’ websites that are featured on the Site.

Any questions, complaints, or claims related to any product or service provided by a Merchant should be directed to the applicable Merchant.

4. Restrictions.

4.1 Notices. You may not copy the Site or Software except as set forth in Section 2. Any permitted copy of the Site or Software that you make must contain the same copyright and other proprietary notices that appear on or in the Site or Software.

All rights to use the Site or Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this agreement.

4.2 No Modifications. The Site or part of the Site or Software or part of the Software may not been modified or used in anyway without written permission in advance from CMI. You may not modify, adapt or translate the Site or Software. You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Site or Software except to the extent you may be expressly permitted under applicable law to decompile only in order to achieve interoperability with the Site or Software and with advance written authorization from CMI. CMI will never responsible for any damage to party that occurs from the Site or Software of any modification.

4.3 No Unbundling. The Site or Software may include various applications, utilities and components, may support multiple platforms and languages and may be provided to you on multiple media or in multiple copies. Nonetheless, the Site or Software designed and provided to You as a single license to be used as a single product on Computers as permitted by Sections. You are not required to use all component parts of the Site or Software, but You may not unbundle the component parts of the Site or for use on different Computers. You may not unbundle or repackage the Site or Software for distribution, transfer or resale.

4.4 No Transfer. YOU MAY NOT RENT, LEASE, SELL, SUBLICENSE, ASSIGN OR TRANSFER YOUR

RIGHTS IN THE SITE OR SOFTWARE, OR AUTHORIZE ANY PORTION OF THE SITE OR SOFTWARE TO BE COPIED ONTO ANOTHER INDIVIDUAL OR LEGAL ENTITY'S COMPUTER EXCEPT AS MAY BE PERMITTED HEREIN.

NOTWITHSTANDING THE FOREGOING, YOU MAY NOT TRANSFER EDUCATION, PRE-RELEASE, OR NOT FOR RESALE COPIES OF THE SITE OR SOFTWARE. Prior to a transfer CMI may require that you and the receiving party confirm in writing your compliance with this agreement, provide CMI with information about yourselves, and register as end-users of the Site or Software. Allow 4-6 weeks to transfer. Please contact CMI's Customer Support Department for more information via support@cmicc.com.

5. Updates. If the Software is upgraded or updated to a previous version of the Software, you must possess a valid license to such previous version in order to obtain and use such upgrade or update. After the Site is upgraded You are not untitled anymore to any services from CMI in regard to the previous version, CMI is not compelled or to continue to support the previous services of the Site. (c) You acknowledge that any obligation CMI may have to support the previous version(s) can or will be ended upon the sole discretion of CMI or the availability of the upgrade or update. No further or other use of the previous version(s) of the Software is permitted after installation of an update or upgrade. Upgrades and updates of the Site or Software may be licensed to You by CMI with additional or different terms.

6. Compliance with Licenses. If you are a business, company or organization, You agree that upon request from

CMI or its authorized representative You will within thirty (30) days fully document and certify that use of any and

all CMI Software or used services of the Site at the time of the request is in conformity with your valid licenses from CMI.

7. Limited Warranty. IN NO EVENT SHALL CMI, ITS AFFILIATES, ITS LICENSORS OR THE CMI STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY, FOR:

(i) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY BE INCURRED BY YOU, YOUR EMPLOYEES OR OTHER THIRD PARTIES;

(ii) ANY LOSS OF DATA, INCOME, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT) THAT MAY BE INCURRED BY YOU; AND

(iii) ANY CLAIM, DAMAGE, OR LOSS WHICH MAY BE INCURRED BY YOU AS A RESULT OF (A) THE AVAILABILITY OF MERCHANTS’ WEBSITES AND/OR ANY OTHER THIRD PARTY WEBSITES, (B) ANY RELIANCE PLACED BY YOU ON ANY ADVERTISING, PRODUCTS, SERVICES OR OTHER CONTENT OR MATERIALS ON, OR AVAILABLE FROM, SUCH THIRD PARTY WEBSITES; OR (III) ANY OF YOUR TRANSACTIONS WITH MERCHANTS.

THE LIMITATIONS ON CMI’S LIABILITY TO YOU ABOVE SHALL APPLY WHETHER OR NOT CMI, ITS AFFILIATES OR THE CMI STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING.

UNDER NO CIRCUMSTANCES SHALL CMI's TOTAL LIABILITY EXCEED THE AMOUNT OF 100% OF SERVICE FEES GENERATED UNDER THIS AGREEMENT DURING THE IMMEDIATELY PRECEDING PERIOD OF TWELVE (12) MONTHS.

CMI warrants to the individual or entity that first purchases a license for the Site or Software for use pursuant to the terms of this agreement that the Site or Software will perform substantially in accordance with the Documentation for the ninety (90) day period following receipt of the Site or Software when used on the recommended operating system and hardware configuration. Non-substantial variation of performance from the Documentation does not establish a warranty right. THIS LIMITED WARRANTY DOES NOT APPLY TO PATCHES, PRE-RELEASE (BETA), TRYOUT, STARTER, EVALUATION, PRODUCT SAMPLER, OR NOT FOR RESALE (NFR) COPIES OF SOFTWARE, OR WEBSITES, ONLINE SERVICES OR CD SERVICES.

The Site or Software and all content and materials on it are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, CMI disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose or the warranty of non infringement.

Without limiting the foregoing, CMI does not represent or warrant that:

(i) the Site or Software will be accurate, reliable, uninterrupted, secure or error-free;

(ii) defects in the Site or Software will be corrected;

(iii) the Site or Software or the server that makes it available are free of viruses or other harmful components.

User has no rights towards CMI on the ground of promises, engagements or agreements verbally or written between the user and third party included such parties like distributors, concessionaires and VAR. The user can never claim more rights than is written down in this contract between you and CMI.

All warranty claims must be made, along with proof of purchase, to the CMI Customer Support Department within such ninety (90) day period. Please send a request to support@cmicc.com for more information about warranty claims. If the Site or Software does not perform substantially in accordance with the Documentation, the entire liability of CMI and its affiliates and your exclusive remedy will be limited to either, at CMI’s option, replacement of the Site or Software or refund of the license fee you paid for the Site or Software. THE LIMITED WARRANTY SET FORTH IN THIS SECTION GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE ADDITIONAL RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.

In the event of any issues, claims or questions from You relating to the marketing, promotion, pricing, communication problems, or generally any issue in connection with the provision of the Content and/or Service (the "Service Issues"), CMI will be NOT the first level of customer support. The first level of customer support will be your direct supplier of the Site or Software. When CMI is your direct supplier than CMI Customer support will only be provided in the languages Dutch and English.

In the event of an unsolvable issue by your supplier CMI will deliver second or third level support, CMI shall decide, the logistic of the information to solve the issue. CMI may contact You at any time by email or by telephone to investigate any matters regarding a Service Issue or to ask for your supplier for cooperation to resolve the Service Issue. Supplier will cooperate and abide by any requirements from CMI to resolve the matter.

Neither Party shall be liable for any breach of this Agreement caused by a force majeure event. A force majeure event means an event beyond the control of that Party such as an act of God, insurrection or civil disorder, war or military operations, national or local emergency, flood, subsidence or weather of exceptional severity.

CMI reserves the right to modify this Agreement at any time with a thirty (30) days notice by email, unless you expressly accept the revised Agreement earlier by clicking on the accept button. Continued using the Site by you after expiry of the 30-day period shall constitute yours acceptance to be bound by the terms and conditions of the revised version of the Agreement. If you do not wish to accept this revised Agreement, you are entitled to terminate this agreement at any time, in writing or by email by contacting warranty information, please see the jurisdiction specific provisions at the end of this agreement, if any, or contact the CMI Customer Support Department.

For further warranty information, please see the jurisdiction specific provisions at the end of this agreement, if any, or contact the CMI Customer Support Department.

CMI is acting on behalf of its affiliates and suppliers for the purpose of disclaiming, excluding and limiting obligations, warranties and liability, but in no other respects and for no other purposes. For further information, please see the jurisdiction specific information at the end of this agreement, if any, or contact the CMI Customer Support Department.

Jurisdiction’s Limitations. As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event the liability will be limited as far as legally possible under the applicable legislation.

8. DISCLAIMER. THE FOREGOING LIMITED WARRANTY IS THE ONLY WARRANTY MADE BY CMI

AND ITS AFFILIATES AND STATES THE SOLE AND EXCLUSIVE REMEDIES FOR CMI, ITS AFFILIATES OR SUPPLIERS' BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY AND ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, CMI AND ITS AFFILIATES AND SUPPLIERS PROVIDE THE SITE AND SOFTWARE, ONLINE SERVICES AND CD SERVICES AS-IS AND WITH ALL FAULTS AND EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY MATTER, INCLUDING BUT NOT LIMITED TO PERFORMANCE, SECURITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABILITY, QUIET ENJOYMENT, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. The provisions of Sections 7 and Section 8 will survive the termination of this agreement, howsoever caused, but this will not imply or create any continued right to use the Software after termination of this Agreement.

9. Export Rules. You agree that the Site will not be shipped, transferred or exported into any country or used in any manner prohibited by the restrictions of regulations by Laws or Export Laws.

10. Governing Law.

The Agreement shall be governed by and construed in accordance with the laws of The Netherlands. Any disputes arising out of or relating to this Agreement shall be subject to the jurisdiction of the courts in The Netherlands.

11. General Provisions. If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of this agreement, which will remain valid and enforceable according to its terms. This agreement will not prejudice the statutory rights of any party dealing as a consumer. This agreement will never put aside a consumer protection act that will be imperative law. Any part of this Term of Use may only be modified by a writing signed by an authorized officer of CMI.

The English version of this agreement will be the version used when interpreting or construing this agreement.

CMI does not control, endorse or accept responsibility for websites or Online Services offered by third

parties. Any dealings between You and any third party in connection with a website or Online Services, including

delivery of and payment for goods and services and any other terms, conditions, warranties or representations

associated with such dealings, are solely between You and such third party.

If you have any questions regarding this agreement or if You wish to request any information from CMI please use

the address and contact information included with this product to contact CMI office.

This is the entire agreement between CMI and You relating to the Site or Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Site or Software.