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Evaluation Request — JetPatch Software Evaluation Agreement



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JETPATCH SOFTWARE EVALUATION AGREEMENT

Click-Through Terms | Version 3.1.4 | Effective April 28, 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 in this Evaluation Agreement have the meanings
given herein. Where a capitalized term is used but not defined herein,
it shall have its plain and ordinary meaning. References in this
Evaluation Agreement to Licensor’s standard License and Services
Agreement (the “LSA”) are provided for the convenience of Evaluator who
may wish to understand the post-evaluation licensing path; no provision
of the LSA is incorporated into this Evaluation Agreement by reference,
and the LSA does not apply to or govern the Evaluation Period or use of
the Evaluation Software. 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 JetPatch
software (whether installed by Evaluator on Evaluator’s own
infrastructure or accessed through Licensor’s Hosted Sandbox), Updates,
and Documentation made available by Licensor to Evaluator 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:

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.

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 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.

12.9 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.

12.10 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.

12.11 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.


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