JETPATCH SOFTWARE EVALUATION AGREEMENT

Click-Through Terms | Version 3.1.3 | Effective April 22, 2026

This Software Evaluation Agreement (“Evaluation Agreement”) is a legal agreement between Intigua, Inc., doing business as JetPatch (“Licensor”), and the individual or entity accepting this Evaluation Agreement (“Evaluator,” “You,” or “Your”) for the limited purpose of evaluating Licensor’s software. By clicking “I Agree” (or any similar acceptance mechanism), or by downloading, installing, accessing, or using the Evaluation Software, You agree to be bound by all of the terms and conditions of this Evaluation Agreement. If You do not agree to these terms, You must not download, install, access, or use the Evaluation Software. This Evaluation Agreement is effective as of the date of such acceptance (the “Effective Date”).

If You are accepting this Evaluation Agreement on behalf of an entity, You represent and warrant that You have the authority to bind such entity to these terms, in which case “You” and “Your” refer to that entity.

NOTICE: Your acceptance of this Evaluation Agreement constitutes a request to access the Evaluation Software and is expressly subject to Licensor’s prior approval as set forth in Section 2.1. Acceptance alone does not form a contract for the provision of the Evaluation Software, does not grant You any license or right of access, and does not obligate Licensor to provide the Evaluation Software to You. Licensor reserves the right to decline, condition, revoke, or cancel Your request in its sole discretion and without liability.

1. DEFINITIONS

Capitalized terms used but not defined in this Evaluation Agreement have the meanings given in Licensor’s standard License and Services Agreement made available by Licensor. For purposes of this Evaluation Agreement:

1.1 “Evaluation Period” means the thirty (30) day period beginning on the Effective Date, unless extended pursuant to Section 3.2.

1.2 “Evaluation Purpose” means internal, non-production evaluation by You of the features, functionality, performance, and suitability of the Evaluation Software for Your potential future licensed use.

1.3 “Evaluation Software” means the Installed Software, Hosted Software, Updates, and Documentation made available by Licensor to You under this Evaluation Agreement for the Evaluation Purpose.

1.4 “Feedback” means any comments, suggestions, ideas, improvements, recommendations, bug reports, test results, or other feedback regarding the Evaluation Software provided by You or Your personnel to Licensor.

1.5 “SLA” means Licensor’s then-current Service Level Agreement, available at https://jetpatch.com/sla (or such other URL as Licensor may designate), as may be updated by Licensor from time to time.

2. EVALUATION LICENSE AND RESTRICTIONS

2.1 Approval Required; No Guarantee of Access. Your acceptance of this Evaluation Agreement does not, by itself, entitle You to access or use the Evaluation Software. All access to the Evaluation Software is expressly conditioned on Licensor’s prior review and approval of Your request, which approval may be granted or withheld by Licensor in its sole and absolute discretion. Licensor reserves the right, at any time and for any reason or no reason, to: (a) decline to approve Your request and refuse to provide the Evaluation Software; (b) require additional information from You (including, without limitation, verification of Your identity, organizational affiliation, intended use case, technical environment, and business purpose) as a condition of approval; (c) approve Your request subject to conditions or limitations determined by Licensor; (d) revoke, suspend, or cancel any previously granted approval; and (e) terminate this Evaluation Agreement and disable any access to the Evaluation Software, in each case without liability to You. Without limiting the foregoing, Licensor may decline, condition, revoke, or cancel approval where Licensor determines, in its sole discretion, that You or any of Your affiliates: (i) is a competitor of Licensor or is engaged, directly or indirectly, in the development, marketing, or sale of products or services that compete with any Licensor offering; (ii) lacks the technical qualifications, operational environment, or legitimate business need for the evaluation; (iii) has previously breached any agreement with Licensor or misused Licensor’s software, services, or confidential information; (iv) is located in, organized under the laws of, or ordinarily resident in a jurisdiction that is subject to U.S. or other applicable sanctions or export restrictions, or is otherwise a restricted or prohibited party under applicable law; or (v) poses any security, legal, regulatory, reputational, or commercial risk to Licensor. No contract for the provision of the Evaluation Software is formed, and no license is granted under Section 2.2, unless and until Licensor affirmatively confirms approval of Your request, whether by email confirmation, provision of access credentials, enablement of the Evaluation Software, or other written communication from Licensor. Licensor shall have no liability to You, and You shall have no claim against Licensor, arising out of or relating to any decision by Licensor to withhold, condition, revoke, or cancel approval or to cease providing the Evaluation Software.

2.2 Grant. Subject to Licensor’s approval under Section 2.1 and Your ongoing compliance with this Evaluation Agreement, Licensor grants to You a non-exclusive, non-transferable, non-sublicensable, revocable, limited license, solely during the Evaluation Period, to install, access, and use the Evaluation Software in a non-production environment solely for the Evaluation Purpose. No other use is permitted, and the Evaluation Software may not be used for any commercial or production purpose or for the benefit of any third party.

2.3 Restrictions. You shall not, and shall not permit any third party to:

• (a) use the Evaluation Software in a production or commercial environment, or for the benefit of any third party (including service bureau, outsourcing, or managed services use);

• (b) disassemble, reverse engineer, reverse compile, decode, decrypt, or in any way derive source code from the Evaluation Software;

• (c) modify, translate, adapt, alter, or create derivative works from the Evaluation Software;

• (d) copy, distribute, publicly display, transmit, sell, rent, lease, sublicense, or otherwise exploit the Evaluation Software;

• (e) remove or alter any copyright, trademark, or other proprietary notices affixed to or embedded in the Evaluation Software;

• (f) use the Evaluation Software to develop any product or service that is competitive with any Licensor offering, or to conduct benchmarking, performance testing, or comparative analyses for disclosure to any third party; or

• (g) exceed the scope of the license granted in Section 2.1 or otherwise use the Evaluation Software in any manner not expressly authorized by this Evaluation Agreement.

2.4 Reservation of Rights. All rights not expressly granted to You are reserved to Licensor and its licensors. This Evaluation Agreement confers no title or ownership and is not a sale of any rights in the Evaluation Software.

2.5 Users. You may permit Your employees and contractors who have a need to access the Evaluation Software for the Evaluation Purpose to do so on Your behalf, provided that (i) each such person is bound by written obligations of confidentiality and use restrictions at least as protective of Licensor as those in this Evaluation Agreement, and (ii) You remain responsible for all acts and omissions of such persons as if they were Your own.

2.6 Scope Limitation. Your use of the Installed Software during the Evaluation Period is limited, at any time, to the management of no more than: (i) twenty-five (25) servers; (ii) twenty-five (25) endpoints; and (iii) twenty-five (25) Active AI Agents from the third-party AI Agent products currently supported by the Evaluation Software (including, by way of example, OpenClaw). These limits apply independently and concurrently, meaning that You may manage up to the stated number of each category, but shall not exceed the stated number within any single category. The limits apply regardless of whether the managed systems are physical, virtual, cloud-hosted, or containerized, and regardless of whether the Active AI Agents are deployed on-premises, in cloud environments, or in hybrid configurations. Use of the Installed Software to manage quantities exceeding these limits, whether concurrently or by rotation, is prohibited and requires either (A) a separate written addendum signed by authorized representatives of both parties expressly expanding the Scope Limitation, or (B) execution of Licensor’s standard License and Services Agreement with an appropriate paid license. The Hosted Sandbox described in Section 4.2 is not subject to this numeric Scope Limitation, as the Hosted Sandbox contains Licensor-owned test systems and pre-configured Active AI Agent integrations that are not provisioned on a per-evaluator basis. For the avoidance of doubt, the Scope Limitation applies to the Evaluation Software’s capacity to manage or interoperate with Active AI Agents; it is not a license, authorization, or restriction relating to the third-party AI Agent products themselves, which are licensed to You separately by their respective vendors under their own terms. Exceeding the Scope Limitation constitutes a material breach of this Evaluation Agreement and unauthorized use of the Evaluation Software under Section 2.3, and entitles Licensor to terminate this Evaluation Agreement immediately in accordance with Section 11.

3. EVALUATION TERM AND EXTENSION

3.1 Default Term. This Evaluation Agreement commences on the Effective Date and, unless earlier terminated in accordance with Section 11, automatically expires at the end of the thirty (30) day Evaluation Period. No renewal or extension is automatic.

3.2 Extension Only By Signed Written Addendum. Any extension of the Evaluation Period beyond the default thirty (30) days shall be effective only if set forth in a written addendum to this Evaluation Agreement that is duly executed and signed by authorized representatives of both Licensor and Evaluator. For the avoidance of doubt, no extension of the Evaluation Period shall arise by reason of course of dealing, oral representation, email correspondence, click-through acceptance, issuance of additional access credentials, or continued use of the Evaluation Software. Licensor has no obligation to grant any extension and may condition any extension on additional terms.

3.3 Effect of Expiration. Upon expiration or termination of the Evaluation Period, the license granted in Section 2.2 immediately terminates. You shall promptly cease all use of the Evaluation Software and, upon Licensor’s request, destroy or return all copies of the Evaluation Software, Documentation, and Licensor Confidential Information in Your possession or control, and certify such destruction or return in writing upon request. Continued use of the Evaluation Software after the Evaluation Period without a signed written addendum under Section 3.2 is strictly prohibited and shall constitute a material breach of this Evaluation Agreement and willful infringement of Licensor’s intellectual property rights.

3.4 Conversion to Paid License. If You wish to continue using the software on a commercial basis beyond the Evaluation Period, You must enter into Licensor’s standard License and Services Agreement together with an applicable Order Form and pay the applicable License Fees. Nothing in this Evaluation Agreement obligates either party to enter into such an agreement.

4. DELIVERY AND ACCESS

4.1 Delivery. Licensor will deliver the Evaluation Software, or provide access to it, in the manner determined by Licensor, which may include download of Installed Software, online access to Hosted Software, or provision of passwords, keys, or other authorization codes. You are solely responsible for providing the hardware, software, network connectivity, internet access, facilities, and personnel required to access and use the Evaluation Software, and for ensuring that Your environment meets any prerequisites specified in the Documentation.

4.2 Shared Hosted Evaluation Environment. If You access the Evaluation Software through Licensor’s hosted evaluation environment (the “Hosted Sandbox”), the following terms apply in addition to the other terms of this Evaluation Agreement:

(a) Licensor-Controlled Environment. The Hosted Sandbox is operated by Licensor and consists of JetPatch server instances, pre-configured target systems, and test data provided by Licensor. You do not install, upload, or connect any of Your systems, networks, data, or personal data to the Hosted Sandbox. All servers and data within the Hosted Sandbox are owned and controlled by Licensor. Your evaluation consists of interacting with the Licensor-provided environment using credentials issued by Licensor upon approval under Section 2.1.

(b) Shared Multi-Tenant Use. The Hosted Sandbox is a shared environment made available concurrently to multiple evaluators, each using separate login credentials and a user identifier assigned by Licensor. You acknowledge and agree that: (i) other evaluators may be actively using the Hosted Sandbox at the same time as You; (ii) the state of the Hosted Sandbox at any given time may reflect the cumulative activity of multiple evaluators, not solely Your activity; (iii) You may observe changes in server status, patch state, system configuration, and other indicia that result from the activity of other evaluators, and may observe user identifiers assigned by Licensor to other evaluators in connection with such activity; and (iv) other evaluators may similarly observe the effects of Your activity and the user identifier assigned to You within the Hosted Sandbox. Licensor assigns opaque user identifiers to evaluators of the Hosted Sandbox that do not contain evaluator names, email addresses, organization names, or other identifying information. Accordingly, because (A) You do not input any personal data or proprietary data into the Hosted Sandbox, (B) other evaluators do not input such data, and (C) user identifiers visible within the Hosted Sandbox are opaque and do not reveal evaluator identity, no evaluator’s personal data or proprietary data is exposed to any other evaluator through use of the Hosted Sandbox. Licensor resets the Hosted Sandbox from time to time at its discretion, but does not commit to any particular reset schedule, frequency, or cadence.

(c) Prohibited Conduct. You shall not, and shall not attempt to: (i) identify, profile, contact, communicate with, or solicit any other evaluator of the Hosted Sandbox; (ii) interfere with, disrupt, degrade, or impair the experience of any other evaluator, including by excessive resource consumption, intentional misconfiguration, or destructive actions; (iii) conduct security testing, penetration testing, vulnerability scanning, load testing, stress testing, fuzzing, or denial-of-service activity against the Hosted Sandbox, or otherwise probe, scan, or test the vulnerability of the Hosted Sandbox, without Licensor’s prior written consent; (iv) attempt to access, circumvent, or compromise the isolation or access controls between evaluator accounts; (v) gather, record, analyze, extract, or disclose information about the activity, timing, or usage patterns of other evaluators, whether individually or in aggregate; (vi) use observations of the Hosted Sandbox to derive or infer information about Licensor’s evaluator base, customer base, commercial activity, infrastructure, or operational patterns; or (vii) take any action intended or reasonably likely to affect the experience of any other evaluator.

(d) No Representation of Isolated-Environment Behavior. Notwithstanding any other provision of this Evaluation Agreement, You acknowledge that the performance, reliability, responsiveness, and behavior of the Hosted Sandbox at any given time may be affected by the activity of other concurrent evaluators and by the cumulative state of the shared environment since the most recent reset. The Hosted Sandbox is not representative of the Evaluation Software’s behavior in a single-tenant, dedicated, or production deployment. Licensor makes no representation or warranty that the Hosted Sandbox’s behavior reflects the Evaluation Software’s behavior in any other deployment configuration, and You shall not rely on Your observations of the Hosted Sandbox as a basis for any claim regarding the Evaluation Software’s performance, reliability, or suitability.

(e) Non-Publication of Sandbox Observations. For the avoidance of doubt, the non-publication obligations in Section 7.3 expressly include any information, patterns, inferences, timing data, activity observations, screenshots, recordings, or other observations derived from Your use of the Hosted Sandbox, including any inferences You may draw about the existence, activity, or identity of other evaluators or about Licensor’s operations or customer base.

(f) Suspension and Termination of Sandbox Access. Licensor may suspend, limit, or terminate Your access to the Hosted Sandbox at any time, with or without notice, if Licensor reasonably believes that Your activity violates this Section 4.2, degrades the environment for other evaluators, poses a security risk, or is otherwise inconsistent with the Evaluation Purpose. Such suspension, limitation, or termination is in addition to and not in limitation of Licensor’s other rights under this Evaluation Agreement.

5. SUPPORT DURING THE EVALUATION PERIOD

During the Evaluation Period, Licensor may, in its sole discretion, provide limited technical support to assist with the evaluation. To the extent Licensor elects to provide support, it will be delivered generally in accordance with the SLA available at https://jetpatch.com/sla, as such SLA may be updated by Licensor from time to time. Notwithstanding the foregoing, Licensor makes no guarantees or commitments regarding response times, availability, uptime, or resolution of any issues during the Evaluation Period, and Licensor is under no obligation to provide Updates, New Releases, bug fixes, or any specific level of service with respect to the Evaluation Software. Any service level commitments, credits, or remedies that may apply to paid customers under the SLA do not apply to the Evaluation Software.

6. FEES

No License Fees are payable by You for access to and use of the Evaluation Software during the Evaluation Period. You remain responsible for any taxes, duties, or third-party charges associated with Your evaluation activities. Any use beyond the Evaluation Period, or otherwise outside the scope of the license granted in Section 2.2, will require execution of Licensor’s standard License and Services Agreement and an Order Form, and payment of the applicable fees.

7. CONFIDENTIALITY

7.1 Obligations. You acknowledge that the Evaluation Software, Documentation, performance and operational characteristics, pricing, roadmap information, and all other non-public information made available by Licensor constitute Licensor Confidential Information. You shall (i) protect Licensor Confidential Information using at least the same degree of care You use to protect Your own confidential information of like importance, but in no case less than reasonable care; (ii) not disclose Licensor Confidential Information to any third party; and (iii) use Licensor Confidential Information solely for the Evaluation Purpose.

7.2 Results of Evaluation. Any benchmarking results, performance data, test results, comparative analyses, reviews, or other output derived from or concerning the Evaluation Software constitute Licensor Confidential Information and shall not be disclosed, published, or shared with any third party without Licensor’s prior written consent.

7.3 Non-Publication of Evaluation Data. You shall not, and shall ensure that Your personnel, affiliates, agents, and contractors shall not, publish, post, display, disclose, distribute, release, communicate, or otherwise make available to any third party, in any form or medium whatsoever (including, without limitation, written, electronic, oral, audio, video, social media posts, blog posts, press releases, newsletters, white papers, case studies, conference presentations, podcasts, webinars, analyst or media briefings, academic or technical papers, online reviews, ratings sites, forums, or customer references), any of the following (collectively, “Evaluation Data”): (a) any functionality, features, capabilities, limitations, defects, issues, errors, bugs, or behavior of the Evaluation Software; (b) any performance data, benchmarking results, test results, load or stress testing outcomes, response times, throughput, scalability measurements, or resource utilization data relating to the Evaluation Software; (c) any comparative analyses, competitive assessments, or side-by-side comparisons of the Evaluation Software against any other product, service, or offering; (d) any screenshots, screen recordings, video captures, configurations, architecture diagrams, code samples, log files, or documentation of or generated by the Evaluation Software; (e) any Documentation or other non-public information provided by Licensor; or (f) any opinions, impressions, reviews, testimonials, or commentary regarding the Evaluation Software. The restrictions in this Section 7.3 apply during the Evaluation Period and survive indefinitely, regardless of any expiration or termination of this Evaluation Agreement. Any publication or third-party disclosure by You of Evaluation Data requires Licensor’s prior written consent, which may be granted, withheld, or conditioned by Licensor in its sole discretion. Nothing in this Section 7.3 prohibits disclosure to the extent strictly required by applicable law, valid court order, or governmental authority of competent jurisdiction, provided that You (i) promptly notify Licensor in writing prior to disclosure (to the extent legally permitted) to allow Licensor a reasonable opportunity to seek a protective order or other appropriate remedy, (ii) cooperate with Licensor, at Licensor’s expense, in any such effort, and (iii) disclose only the minimum Evaluation Data legally required. You acknowledge that any breach of this Section 7.3 would cause Licensor irreparable harm for which monetary damages would be inadequate, and that Licensor shall be entitled to seek injunctive and other equitable relief, without the need to post bond or prove actual damages, in addition to any other remedies available at law or in equity.

7.4 Duration. Your confidentiality obligations survive for three (3) years following expiration or termination of this Evaluation Agreement; provided that (i) Licensor Confidential Information that constitutes a trade secret shall remain confidential for so long as it qualifies as a trade secret under applicable law, and (ii) the non-publication obligations in Section 7.3 shall survive indefinitely.

8. OWNERSHIP AND FEEDBACK

8.1 Ownership. As between the parties, Licensor (and its licensors) retains all right, title, and interest in and to the Evaluation Software, Documentation, and all related intellectual property rights. No rights are granted to You except those expressly set forth in this Evaluation Agreement.

8.2 Feedback. If You or Your personnel provide Feedback, You hereby grant Licensor a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, distribute, and otherwise exploit such Feedback for any purpose, including incorporation into Licensor’s products and services, without any obligation or liability to You.

9. DATA, AGGREGATED DATA, AND INTERNATIONAL TRANSFERS

9.1 Evaluation Data Collection. You acknowledge that Licensor may collect technical, configuration, performance, and usage data from the Evaluation Software. Licensor may aggregate and anonymize data derived from Your use of the Evaluation Software and collect statistical data (collectively, “Aggregated Data”). Licensor may use and disclose Aggregated Data for any lawful purpose, provided that no individually identifiable information of Evaluator can be derived from the Aggregated Data. You shall not upload, store, process, or transmit through the Evaluation Software any regulated, sensitive, or production data, including without limitation personal data, protected health information, payment card data, or any other data subject to statutory or contractual protection.

9.2 Personal Data and Privacy. To the extent Licensor processes any personal data relating to You or Your personnel in connection with this Evaluation Agreement (including contact information provided during acceptance and CRO approval), such processing is governed by Licensor’s Privacy Policy, available at https://jetpatch.com/privacy-policy/, as may be updated by Licensor from time to time. Your acceptance of this Evaluation Agreement constitutes acknowledgment of and agreement to the Privacy Policy. Where applicable data protection laws (including, without limitation, the EU General Data Protection Regulation (Regulation (EU) 2016/679), the UK GDPR and Data Protection Act 2018, the Swiss Federal Act on Data Protection, the UAE Federal Decree-Law No. 45 of 2021, Qatar Law No. 13 of 2016, the Kingdom of Saudi Arabia Personal Data Protection Law, the Brazilian LGPD, the Indian DPDPA, and any other applicable data protection law) impose obligations on Licensor as a controller or processor of personal data, Licensor shall comply with such obligations. Where a data processing addendum is required under applicable law, the parties shall enter into Licensor’s then-current data processing addendum, which shall supplement and form part of this Evaluation Agreement.

9.3 International Transfers. You acknowledge and consent that Licensor is established in the United States and that any personal data and other data processed in connection with the Evaluation Software may be transferred to, stored in, and processed in the United States and other jurisdictions in which Licensor or its service providers operate, which jurisdictions may not provide the same level of data protection as the jurisdiction in which You are located. Where the transfer of personal data outside the European Economic Area, United Kingdom, or other restricted jurisdiction requires an adequate transfer mechanism, Licensor will implement Standard Contractual Clauses or other lawful transfer mechanisms as required by applicable law.

10. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

10.1 “AS IS” Evaluation. THE EVALUATION SOFTWARE AND ANY SUPPORT PROVIDED DURING THE EVALUATION PERIOD ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT. LICENSOR DOES NOT WARRANT THAT THE EVALUATION SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. FOR THE AVOIDANCE OF DOUBT, ANY LIMITED WARRANTY OFFERED UNDER LICENSOR’S STANDARD LICENSE AND SERVICES AGREEMENT DOES NOT APPLY TO THE EVALUATION SOFTWARE.

10.2 Exclusion of Indirect Damages. IN NO EVENT SHALL LICENSOR OR ANY OF ITS AFFILIATES, LICENSORS, EMPLOYEES, OR CONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF USE, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THIS EVALUATION AGREEMENT OR THE EVALUATION SOFTWARE, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.3 Cap on Liability. LICENSOR’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS EVALUATION AGREEMENT AND THE EVALUATION SOFTWARE SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100). YOU ACKNOWLEDGE THAT THE EVALUATION SOFTWARE IS PROVIDED WITHOUT CHARGE AND THAT THE DISCLAIMERS AND LIMITATIONS IN THIS SECTION 10 REFLECT A REASONABLE ALLOCATION OF RISK BETWEEN THE PARTIES AND ARE A MATERIAL BASIS OF THE BARGAIN.

11. INDEMNIFICATION BY EVALUATOR; TERMINATION

11.1 Indemnification. You shall defend, indemnify, and hold harmless Licensor and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to (i) Your use of the Evaluation Software in any manner not expressly authorized by this Evaluation Agreement; (ii) Your breach of this Evaluation Agreement; (iii) Your negligence or willful misconduct; or (iv) any data, materials, or content that You input to, process through, or generate with the Evaluation Software. Licensor has no indemnification obligations to You with respect to the Evaluation Software.

11.2 Termination for Convenience by Licensor. Licensor may terminate this Evaluation Agreement and the license granted hereunder at any time, for any reason or no reason, with or without notice, in its sole discretion, including by disabling access to the Evaluation Software.

11.3 Termination for Breach. Licensor may terminate this Evaluation Agreement immediately upon notice if You breach any provision. You may terminate this Evaluation Agreement at any time by ceasing all use of the Evaluation Software and, upon Licensor’s request, destroying or returning all copies.

11.4 Effect of Termination. Upon any expiration or termination: (a) all licenses granted to You hereunder terminate; (b) You shall immediately cease all use of the Evaluation Software; and (c) upon Licensor’s request, You shall destroy or return all copies of the Evaluation Software, Documentation, and Licensor Confidential Information, and certify such destruction or return in writing. Sections 2.1, 2.3, 2.4, 3.3, 4.2(c), 4.2(e), 7, 8, 9, 10, 11.1, 11.4, and 12 survive any expiration or termination of this Evaluation Agreement.

12. GENERAL PROVISIONS

12.1 Governing Law; Forum; Arbitration. This Evaluation Agreement is governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, United States, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. If You are located in the United States, the state and federal courts located in Suffolk County, Massachusetts shall have exclusive jurisdiction over any dispute arising out of or relating to this Evaluation Agreement, and each party irrevocably submits to the jurisdiction of such courts and waives any objection based on forum non conveniens. If You are located outside the United States, any dispute, controversy, or claim arising out of or relating to this Evaluation Agreement, including its existence, validity, interpretation, performance, breach, or termination, shall be finally resolved by binding arbitration under the Rules of Arbitration of the International Chamber of Commerce (ICC) by one (1) arbitrator appointed in accordance with those Rules. The seat of arbitration shall be Boston, Massachusetts, United States. The language of the arbitration shall be English. Judgment on the award may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, Licensor may seek injunctive or other equitable relief (including, without limitation, to enforce Sections 2.3, 7, and 8) in any court of competent jurisdiction without first resorting to arbitration.

12.2 Export Compliance and Sanctions. The Evaluation Software may be subject to U.S. export control laws and regulations, including the Export Administration Regulations (EAR), the International Traffic in Arms Regulations (ITAR), U.S. Department of the Treasury Office of Foreign Assets Control (OFAC) sanctions, EU Regulation (EU) 2021/821 and EU sanctions regulations, UK export controls and sanctions administered by OFSI, United Nations sanctions, and the applicable export control and sanctions laws of other jurisdictions. You represent, warrant, and covenant that: (a) You, Your affiliates, Your personnel accessing the Evaluation Software, and Your beneficial owners are not located in, organized under the laws of, ordinarily resident in, or owned or controlled by a party located in, any country or territory that is the subject of comprehensive U.S., EU, UK, or UN sanctions (including, as of the Effective Date, Cuba, Iran, North Korea, Syria, the Crimea, Donetsk, Luhansk, Kherson, and Zaporizhzhia regions of Ukraine, and as may be updated from time to time); (b) You, Your affiliates, Your personnel, and Your beneficial owners are not listed on the U.S. Specially Designated Nationals and Blocked Persons List, the U.S. Entity List, the U.S. Denied Persons List, the EU Consolidated Financial Sanctions List, the UK Consolidated List, the UN Consolidated Sanctions List, or any equivalent restricted-party list; (c) You will not use, export, re-export, transfer, or provide access to the Evaluation Software in violation of any applicable export control or sanctions law; and (d) You will not use the Evaluation Software in connection with any activities related to nuclear, chemical, biological, or missile weapons proliferation or in any other prohibited end-use. You shall promptly notify Licensor in writing if any of the foregoing representations ceases to be accurate at any time during the Evaluation Period, and Licensor shall have the right to immediately terminate this Evaluation Agreement and revoke access upon any such change or suspected change.

12.3 Assignment. You may not assign or transfer this Evaluation Agreement, in whole or in part, by operation of law or otherwise, without Licensor’s prior written consent. Any attempted assignment in violation of this Section is void. Licensor may assign this Evaluation Agreement without consent.

12.4 Notices. Licensor may provide notices to You via the contact information You provide upon accepting this Evaluation Agreement, through the Evaluation Software, or by posting on Licensor’s website. Notices to Licensor shall be sent to: Intigua, Inc., 51 Pleasant St #1064, Malden, MA 02148, or by email to [email protected].

12.5 Entire Agreement; Amendments. This Evaluation Agreement, together with any executed addendum referenced in Section 3.2, constitutes the entire agreement between the parties with respect to the Evaluation Software and supersedes all prior or contemporaneous understandings, communications, or agreements, oral or written, regarding the subject matter. No modification, waiver, or extension of this Evaluation Agreement (including any extension of the Evaluation Period) shall be binding unless set forth in a written instrument signed by authorized representatives of both parties. For the avoidance of doubt, any extension of the Evaluation Period beyond the default thirty (30) days must be effected solely through a written, signed addendum as set forth in Section 3.2.

12.6 Severability; Waiver. If any provision of this Evaluation Agreement is held unenforceable or invalid, the remaining provisions shall remain in full force, and the unenforceable or invalid provision shall be modified to the minimum extent necessary to be enforceable while accomplishing the parties’ original intent. No waiver shall be effective unless in writing signed by the waiving party.

12.7 Independent Contractors; Force Majeure. The parties are independent contractors, and nothing in this Evaluation Agreement creates a partnership, joint venture, employment, or agency relationship. Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control.

12.8 Order of Precedence. In the event of any conflict between this Evaluation Agreement and Licensor’s standard License and Services Agreement during the Evaluation Period, this Evaluation Agreement controls solely with respect to the Evaluation Software and the Evaluation Period. Upon the parties’ execution of a License and Services Agreement and an applicable Order Form, that agreement will supersede this Evaluation Agreement with respect to the software licensed thereunder.

12.9 Interpretation. Headings are for convenience only and shall not affect interpretation. This Evaluation Agreement shall be interpreted as if drafted jointly by the parties; no rule of construction shall be applied against either party as drafter.

12.10 Mandatory Local Law. All limitations, disclaimers, waivers, and exclusions in this Evaluation Agreement (including, without limitation, the warranty disclaimers in Section 10.1, the exclusion of indirect damages in Section 10.2, and the liability cap in Section 10.3) apply to the maximum extent permitted by applicable law. If any such limitation, disclaimer, waiver, or exclusion is held unenforceable under the mandatory law of the jurisdiction in which You are located (including, without limitation, EU and EEA member-state laws implementing Directive 93/13/EEC on unfair terms in consumer contracts, the UK Consumer Rights Act 2015, and analogous statutory protections in Italy, Germany, France, Brazil, India, and other jurisdictions), it shall be deemed modified to the minimum extent necessary to be enforceable while giving effect to the parties’ original intent, and the remainder of this Evaluation Agreement shall remain in full force and effect. Nothing in this Evaluation Agreement limits or excludes any liability that cannot lawfully be limited or excluded under applicable law, including liability for fraud, gross negligence, willful misconduct, or death or personal injury caused by negligence.

12.11 Language. This Evaluation Agreement has been drafted in English. The English-language version shall be the controlling version for all purposes, including interpretation, construction, and enforcement. Any translation provided by Licensor for convenience shall not alter the meaning of the English-language version. You represent that You have read and understood this Evaluation Agreement in English or have obtained a satisfactory translation at Your own expense. To the extent applicable law of Your jurisdiction requires this Evaluation Agreement to be provided in a local language, You expressly waive such requirement to the maximum extent permitted by law.

12.12 Electronic Acceptance and Records. You agree that Your acceptance of this Evaluation Agreement by clicking “I Agree” or any similar mechanism constitutes a valid, binding, and enforceable electronic signature under the U.S. Electronic Signatures in Global and National Commerce Act (ESIGN), the Uniform Electronic Transactions Act (UETA), EU Regulation (EU) No 910/2014 (eIDAS), the UK Electronic Communications Act 2000, applicable e-commerce laws of the United Arab Emirates, Qatar, the Kingdom of Saudi Arabia, Pakistan, India, and other jurisdictions. You consent to the formation of this Evaluation Agreement by electronic means and waive any right to challenge its validity or enforceability on the basis that it was formed or signed electronically. Licensor may retain records of Your acceptance (including IP address, timestamp, user agent, form-field submissions, and the specific version of the Evaluation Agreement accepted) and such records shall be admissible as evidence of Your acceptance in any dispute.

BY CLICKING “I AGREE” (OR ANY SIMILAR ACCEPTANCE MECHANISM), OR BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE EVALUATION SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS EVALUATION AGREEMENT, THAT YOU HAVE AUTHORITY TO BIND THE ENTITY ON WHOSE BEHALF YOU ARE ACCEPTING (IF APPLICABLE), AND THAT YOU AGREE TO BE BOUND BY ITS TERMS.