TERMS OF WEBSITE USE

INFORMATION ABOUT US

ACCESSING THE SITE

INTELLECTUAL PROPERTY RIGHTS

RELIANCE ON INFORMATION POSTED

THE WEBSITE CHANGES REGULARLY

OUR LIABILITY

INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE

TRANSACTIONS CONCLUDED THROUGH THE WEBSITE

AGE AND RESPONSIBILITY

USE OF THE SITE

USER GENERATED CONTENT

LINKING TO THE WEBSITE

LINKS FROM THE WEBSITE

JURISDICTION AND APPLICABLE LAW

VARIATIONS

YOUR CONCERNS

PRIVATE POLICY

1.ABOUT US

2.SCOPE OF POLICY

3.WE GENERALLY ACT AS DATA PROCESSORS

4.HOW WE COLLECT USER DATA

5.WHAT USER DATA DO WE COLLECT AND WHAT DO WE DO WITH IT?

6.CONSENT FOR LOCATION DATA

7.COOKIES

8.DISCLOSURE OF USER DATA

9.WHERE WE STORE THE USER DATA

10.YOUR RIGHTS

11.ACCESS TO USER DATA

12.RETENTION OF USER DATA

13.CHILDREN

14.SECURITY

15.DISCLAIMER

16.CHANGES TO OUR PRIVACY POLICY

17.GOVERNING LAW

18.CONTACT INFORMATION

1. ABOUT US

YOUGETITBACK LIMITED (trading as Inhance Technology) (“Inhance”, "we", “our” or “us”) is committed to protecting and respecting your privacy. We are registered in the Republic of Ireland under company number 405131 and have our registered office at Evergreen House, Congress Road, Cork, Ireland. Our VAT number is IE6425131M.

2. SCOPE OF POLICY

   1. This Privacy Policy sets out the basis on which any personal data about you or any Additional User (as defined at section 2.6) (the “ User Data”), will be processed by us.

   2. This Privacy Policy applies to the User Data processed by us through your use of our application and services (together the “ App”). The App may include the following when it results in the processing of User Data by us:

      1. the software applications we provide to customers which includes all or any of the features of the application, computer software and digital assets, the data supplied with it, the associated media, printed materials, purchase information and online OR electronic documentation; and

      2. any of the services, websites or online accounts accessible as part of the App.

   3. Additional terms and conditions may apply to your use of the App and these are available at www.inhancetechnology.com.

   4. Any compatible mobile, telephone, or handheld device with the appropriate specification on which the App is downloaded is referred to in this Privacy Policy as (the “Device”)

   5. The App allows you to create an online account to manage your preferences and the features of the App (the “Online Account”). You should be able to access the Online Account from a Device or from any computer with internet connectivity using your user ID and password (the “ Account ID”).

   6. If you are able to download the App to a number of different Devices, you should be able to view those Devices on your Online Account. If the Devices are used by other users, for example, employees or family members, then we will also process the User Data of these users (the “Additional Users”). This Privacy Policy applies to any User Data we process relating to the Additional Users and references to “you” or “your” in this Privacy Policy shall include the Additional User as appropriate.

   7. Please read the following carefully to understand our views and practices regarding the User Data and how we will treat it.

   8. By using, accessing or downloading the App or using the website through which the App is made available to you (the “ App Site”), or the Online Account, you are accepting and consenting to the practices described in this Privacy Policy.

3. WE GENERALLY ACT AS DATA PROCESSORS

   1. For the purpose of the Data Protection Act 1988 & 2003 in the Republic of Ireland (the “Act”), we generally process User Data on behalf of insurance and warranty companies, telecom operators, consumer electronics retailers and OEMs (the “ Seller”) who are the data controllers for the purposes of the Act.

   2. The Seller allows us to process your User Data in connection with the product or service that you have purchased from the Seller (the “ Seller Product”), for example mobile devices or insurance policies. You acknowledge and agree that once you download the App to a Device we may contact you via push, email or text with information relevant to the App.

   3. When we are acting as data processors we will process User Data under the instructions of the Seller and we will share your User Data with the Seller. This Privacy Policy only describes the use that we will make of your User Data. The Seller, may process your User Data differently, including processing in ways which are not consistent with the provisions of this Privacy Policy. We are not responsible or liable for any processing activities undertaken by the Seller in connection with the User Data.

   4. In certain limited circumstances we may act as data controllers under the Act for the purposes of certain features available through our App where the App is not provided as part of the Seller Product or we collect User Data for Our own purposes and not on behalf of a Seller. This Privacy Policy applies to our processing activities as data controller or data processor.

4. HOW WE COLLECT USER DATA

   1. User Data provided to us (the “General Data”): you may give us User Data about you by filling in forms on the App Site, or by corresponding with us (for example, by e-mail or telephone). The User Data you provide may include User Data about the Additional Users of the Online Account where the Device used by the Additional User on which the App is installed is registered to that Online Account. This includes User Data that is provided to us about you:

      1. upon registration to use the App Site;

      2. when downloading or registering to use the App. Registration is optional, however you may not be able to use some of all of the features of the App if you do not register;

      3. when you are using the App;

      4. when subscribing to any of the features of the App;

      5. when entering a competition, promotion or survey; and

      6. when a problem is reported or a request for support is received.

   2. User Data we collect about you (“Technical Data”). Each time you visit the App Site or use one of our Apps we may automatically collect the following:

      1. User Data relevant to the Device and the User Data stored on that Device;

      2. details of the use of any of our Apps or of visits to the App Sites and the resources that are used.

   3. Location Data We may also use location technology such as GPS, Wi-fi, Cell ID or IP address (the “Location Technology”) to determine the location of the Device. We may collect the precise coordinate data and real time geographic location of the Device over a period of time (i.e. tracking) or at a given point in time (the “Location Data”) and share such Location Data with the Sellers who are the data controllers of such Location Data.

   4. User Data we receive from other sources (the “Third Party Data”). We are working closely with third parties (including, for example, Sellers, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, and may receive User Data about you from them.

   5. If you contact us, we may keep a record of that correspondence (the “Support Data”).

5. WHAT USER DATA DO WE COLLECT AND WHAT DO WE DO WITH IT?

   1. A description of the User Data we collect, including information related to the User Data which may not be personal data, is included in the table below including an overview of the purpose for which is collected (the “Purpose”):

   User Data	Description of User Data (including but not limited to):	Purpose
   General Data	name, address, e-mail address, the Device's phone number, username, password and other registration information	to enable you to register for the App and to deliver the features of the App to you to send you the download link via SMS or email when you register with us. to carry out our obligations arising from any contracts entered into between you and us for non-marketing/administrative purposes e.g. to notify you about changes to the App or any contracts between us to provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes to send you push notifications or SMS messages about various events related to the features of the App.
   Technical Data	the type of Device used, a unique Device identifier (for example, the Device's IMEI number, the MAC address of the Device's wireless network interface, or the mobile phone number used by the Device), mobile network information, the mobile operating system, the type of mobile browser used, time zone settings, contact information stored on the Device, login information, photos, videos or other digital content including SMS messages on Android Devices. We also collect traffic data, location data, weblogs and other communication data and information about your computer, including where available your IP address, operating system and browser type, for system administration, to track an individual and to report aggregate information. We also collect data relating to the performance of the mobile device such as battery life, charging time, application processor allocations, screen on duration, connection type (wifi, 3G) etc.	to deliver the features of the App to you to carry out our obligations arising from any contracts entered into between you and us to ensure that content from the App Site and the Online Account is presented in the most effective manner for you and for the Device to allow you to participate in interactive features of our service, when you choose to do so
   Location Data	including the precise coordinate data and real time geographic location of the Device	to allow you to participate in interactive features of the App, when you choose to do so
   Support Data	details of the support request	to deliver the features of the App to you to enable us to provide effective support services

   2. If you provide your express consent you agree we may also use the User Data, or permit selected third parties to use the User Data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by email, post or telephone. You can also adjust your details and opt out of receiving such emails and other communications by ticking the appropriate "opt out"option.

   3. You grant to us an irrevocable, royalty free and non-exclusive licence to use, copy, modify, adapt, translate and distribute the User Data for the purposes specified above and in accordance with this Privacy Policy.

6. Consent for Location Data

   1. We will require express consent for the use of Location Technology on a Device. Consent may be requested a number of different ways as follows and consent shall be continuing once it has been provided unless you actively remove consent as provided below. you may provide consent (the latest recorded consent by our system is the most valid):

      1. by ticking the relevant box at registration;

      2. by ticking the relevant pop up box in the App when you try to use a feature of the App that requires the use of Location Technology; or

      3. when you make a support request (including when you use your four digit PIN to locate your Device from another Device) in which case consent is provided by your action in requesting the location be sent to the Device from which you are sending the text. If you provide consent at the time of making a support request this will take precedence over those specified on your Device or on your Online Account.

   2. In the event that you are providing consent on behalf of the Additional User you are acting as their agent and you confirm that you have all necessary rights and authority to provide consent on behalf of the Additional User. You acknowledge that we will use the Location Technology for each Device registered to the same Online Account where we have consent for the relevant Device. Agreement from the Additional User must be effective, valid and specific for the purposes which the App will be used by you. In the event that the Additional User revokes any consent provided you must delete the relevant Device from your Online Account. You agree not to lock, track, request a location or use any features of the App for any Device in the event that you do not have legal and continuing agreement from the Additional User. You agree to provide us with a record of any agreement provided from an Additional User within seven (7) business days of any request from us.

   3. Consent may be withdrawn on a Device at any time by turning “ON”/“OFF” the relevant setting through the Online Account. Through the Online Account, select the relevant Device. Go into the “Permissions and Privacy heading” and turn “ON/OFF” location as required. The Location Technology will need to be turned “OFF” for each Device individually.

   4. In some circumstances, and in particular where your Device is offline, there may be a delay between the time when you turn ON/OFF the Location Technology and the time when we register that action. For example, if we have your consent and your Device is offline when you initiate a feature of the App that uses Location Technology and You subsequently turn off location, as soon as the Device is online and your request is registered on our system we will action your requests. However, because actions are queued in our system, your request to use the Location Technology may be completed before our system registers that you have turned off the Location Technology.

   5. When we have consent we will transmit, collect, maintain, process and use, among other things, the Location Data and share such Location Data with the Sellers who are the data controllers of such Location Data. We process all Location Data under the instructions of the Seller.

   6. If an insurance claim is made relating to a lost or stolen Device, you acknowledge that if consent has been provided for the collection of Location Data for a Device then we are processing the Location Data on behalf of the Seller who is the data controller for the purposes of the claim. From the point at which the claim is made, if we have your consent, Location Data collected from the Device may be used to try to identify where the Device is located.

   7. If you do not provide your consent you agree that we shall have the right to inform the Seller of this fact. You understand that by providing your consent you are allowing us to locate the SIM (Subscriber Identity Module) for the Device. This may result in us locating a different Device from the insured Device if the SIM is transferred to another Device. We shall not be responsible or liable for any decisions taken by the Seller as a result of the Location Data that we provide to them.

7. COOKIES

   1. We use cookies to distinguish you from other users of the App or App Site. This helps us to provide you with a good experience when you use the App or browse any of the sites and also allows us to improve the App and the App Site. The cookies may be our own or they may be third party cookies which are required to provide certain aspects of the App.

   2. We may obtain User Data about your general internet usage by using a cookie file which is stored on your browser or the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve the App Site and to deliver a better and more personalised service. Some of the cookies we use are essential for the App Site to operate.

   3. If you register with us or if you continue to use our site, you agree to our use of cookies.

   4. Cookies are widely used in order to make websites work, or work more efficiently, as well as to provide information.

      INHANCE COOKIES
      Cookie Name	Name	Purpose
      YGIB_COOKIE	Country	To store country for localisation purposes
      YGIB_COOKIE_BRANDINGID	Branding id	To store branding for a user in order to render the appropriate UI ie. CSS, javascript etc
      JSESSIONID	session id	To identify an End User’s session to our server. For example, if you log in to your Online Account, the session id cookie will let us know that you have logged in and We will allow you to move freely within the pages of your Online Vault without the need to login each time for each new page you access in a session.

      
      
      

      THIRD PARTY COOKIES
      Cookie Name	Name	Purpose
      __utma, __utmb, __utmc, __utmv, __utmz	Google Analytics	Google Analytics is a web analytics service provided by Google, Inc. (“Google”), to help Inhance see how our website is used. In doing so information about your use of our website, including your IP address, may be transmitted to Google and stored on servers in the United States. We use Google Analytics to: To determine End Users’ Device types To determine the pages of the Inhance website that are most frequently viewed
      SID, SAPISID, APISID, SSID, HSID, NID, PREF	Google Maps	Google set a number of cookies on any page that includes a Google Map. While Inhance have no control over the cookies set by Google, they appear to include a mixture of pieces of information to measure the number and behaviour of Google Maps users. We use Google Maps to: To display the location of your Device on the App Site.

   5. You block cookies by activating the setting on your browser which allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be to access all or parts of the App Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies as soon you visit the App Site.

8. DISCLOSURE OF USER DATA

   1. We may disclose some or all of the User Data we collect from you when you download or use the App to the Seller, our suppliers, authorised business partners and subcontractors for the Purposes specified above.

   2. We may disclose the User Data relevant to any backup services provided relevant to the User Data to Amazon Web Services, LLC. you can read more about the measures taken by Amazon to protect the security of their services and the User Data at: http://awsmedia.s3.amazonaws.com/pdf/aws_security_whitepaper.pdf

   3. We may disclose the User Data to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries.

   4. We may disclose the User Data to third parties:

      1. in the event that we sell or buy any business or assets, in which case we may disclose the User Data to the prospective seller or buyer of such business or assets;

      2. if Inhance or substantially all of its assets are acquired by a third party, in which case User Data held by it about its customers will be one of the transferred assets; or

      3. if we are under a duty to disclose or share the User Data in order to comply with any legal or regulatory obligation or request.

   5. We may disclose the User Data to third parties in order to:

      1. enforce or apply the terms of our agreements or this Privacy Policy and other agreements or to investigate potential breaches; or

      2. protect the rights, property or safety of Inhance our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

9. WHERE WE STORE THE USER DATA

   1. The User Data that we collect may be transferred to, and stored at, a destination outside the European Economic Area (the “ EEA”). This includes transferring the User Data to and from the Seller who may be located outside the EEA. It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Staff may be engaged in the fulfilment of your request and the provision of support services. By submitting the User Data, you agree to this transfer, storing or processing. Inhance will take all steps reasonably necessary to ensure that the User Data is treated securely and in accordance with this Privacy Policy and the relevant provisions of the Act.

   2. All User Data that you provide to us is stored on our secure servers. You are responsible for keeping the Account ID safe and secure and not sharing it with anyone.

   3. The transmission of information, including User Data, via the internet is not completely secure; any transmission is at your own risk. Although no-one can guarantee the security of data transmitted via the internet, we do our best to protect the User Data transmitted via the App, the App Sites or the Online Account. We use industry standard security techniques to help keep the User Data safe including encryption when the User Data is in transit (RSA 128) and at rest (AES 256).

   4. We may collect and store User Data on your Device using application data caches and browser web storage using industry standard techniques..

10. YOUR RIGHTS

    1. You can exercise your right to prevent us processing the User Data for marketing purposes via, telephone, email or text by checking certain boxes on the forms we use to collect the User Data. you can also exercise the right at any time by contacting us at notices@inhancetechnology.com.

    2. The Inhance website or the App Site may, from time to time, contain links to and from the websites of the Seller, our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any User Data to these third parties.

    3. You can stop all collection of User Data by the App easily by uninstalling the App. You may use the standard uninstall processes as may be available as part of the Device or via the mobile application marketplace or network. You can also request to opt-out via email, at notices@inhancetechnology.com

11. ACCESS to USER DATA

    1. The Act gives you the right to access User Data held about you by the data controller. Your right of access can be exercised in accordance with the Act. If you send such a request to us and we are acting as a data processor on behalf of a data controller we will send your request to the relevant data controller and follow their instructions in responding to you.

    2. In the event that we are acting as the data controller we will be responsible for responding to you directly.

    3. Any access request may be subject to a small fee of no more than six euro and thirty five cents (€6.35) to meet our costs or the data controller’s costs in providing you with details of the User Data we hold about you.

    4. In addition to your right to access the User Data, you also have a right to have the User Data corrected, if inaccurate, or erased, if we do not have a legitimate reason for holding your data.

    5. You can correct the User Data either by:

       1. logging into the Online Account (if applicable) and making the necessary changes;

       2. contacting our call centre directly to change your account details; and/or

       3. emailing us at notices@inhancetechnology.com. Our call centre representative may require you to answer a number of security related questions before dealing with your request. All such corrections will be made as soon as possible.

12. RETENTION OF USER DATA

    1. When acting as data processor We will retain User Data for as long as we are directed by the Seller or for as long as we are required under relevant laws.

    2. When acting as data controller We will retain User Data for as long as you use the App and for a reasonable time thereafter.

    3. If you would like us to delete the User Data, please contact us at notices@inhancetechnology.com and we will respond in a reasonable time. Please note that some or all of the User Data may be required in order for the App to function properly.

13. CHILDREN

    1. We do not use the App to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with User Data without their consent, he or she should contact us at notices@inhancetechnology.com. We will delete such User Data from our files within a reasonable time.

14. SECURITY

    1. We are concerned about safeguarding the confidentiality and security of the User Data. We provide physical, electronic, and procedural safeguards to protect the User Data we process and maintain. For example, we limit access to the User Data to authorized employees and contractors who need to know that User Data in order to operate, develop or improve the App. Please be aware that, although we endeavour to provide reasonable security for the User Data we process and maintain, no security system can prevent all potential security breaches.

15. DISCLAIMER

    1. WE ARE NOT LIABLE TO YOU IN RESPECT OF ANY CLAIMS, LOSSES, DAMAGES, EXPENSES (INCLUDING REASONABLE LEGAL FEES) ARISING OUT OF OR IN CONNECTION WITH THE USE AND/OR DISCLOSURE OR DISSEMINATION OF THE USER DATA IN ACCORDANCE WITH THIS PRIVACY POLICY AND ANY CONSENTS THAT YOU MAY HAVE OTHERWISE PROVIDED TO US.

16. CHANGES TO OUR PRIVACY POLICY

    1. Any changes we may make to this Privacy Policy in the future will be posted on this page and, where appropriate, notified to you on the App Site or the Inhance website.

    2. In the event of a conflict between different translations of this Privacy Policy the original English version will prevail.

17. GOVERNING LAW

    1. This Privacy Policy is covered by and shall be construed in accordance with the laws of the Republic of Ireland and you hereby submit to the exclusive jurisdiction of the courts in the Republic of Ireland in the English Language. In the event that these terms are translated into any other language, the translation shall be for review purposes only and have no legal effect.

    2. If any provision or part-provision of this Privacy Policy is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Privacy Policy.

18. CONTACT INFORMATION

    1. Questions, comments and requests regarding this Privacy Policy are welcomed and should be addressed to notices@inhancetechnology.com

End User License Agreement

BY DOWNLOADING, INSTALLING, COPYING, ACCESSING OR USING THIS SOFTWARE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY OR LEGAL ENTITY TO THESE TERMS.

IF YOU DO NOT AGREE TO THESE TERMS: DO NOT DOWNLOAD, INSTALL, COPY, ACCESS OR USE THE SOFTWARE, AND RETURN THE SOFTWARE AND PROOF OF ENTITLEMENT TO THE PARTY FROM WHOM YOU ACQUIRED THEM.

In this End User License Agreement (the “Agreement”), capitalized words and terms have specific meanings that are defined throughout the body of the Agreement. This Agreement is between you and/or your Affiliates ("You" or the “Customer”) and the Blancco entity that is contracting with You based on the country or Blancco’s sales region or the country where You have purchased the license to use the Software as indicated in the relevant quote or purchase order ("Blancco").

Unless otherwise stated in the relevant quote, purchase order or agreement, immediately below is the name of the Blancco entity that is contracting with you based on the country or Blancco’s sales region where You are located:

Americas

United States: In case of data erasure related products, your agreement is with Blancco US LLC, a company incorporated under the laws of the State of Delaware, USA.

Canada: Your agreement is with 7755473 Canada Inc, a company incorporated under the laws of Canada

EMEA

Germany, Switzerland, Austria, Czech Republic and Poland: Your agreement is with Blancco Central Europe GmbH, a company incorporated under the laws of Germany

Sweden, Denmark and Norway: Your agreement is with Blancco Technology Group Sweden AB, a company incorporated under the laws of Sweden

France: Your agreement is with Blancco France SAS, a company incorporated under the laws of France

Netherlands, Belgium, Luxembourg, Spain, Portugal and Italy: Your agreement is with Blancco (Software) Netherlands B.V., a company incorporated under the laws of Netherlands

UK: Your agreement is with Blancco UK Limited, a company incorporated under the laws of England & Wales

Finland and rest of EMEA: Your agreement is with Blancco Oy Ltd, a company incorporated under the laws of Finland

Asia

Japan and South Korea: Your agreement is with Blancco Japan Inc, a company incorporated under the laws of Japan China: Your agreement is with Blancco Technology (Beijing) Co., Ltd., a company incorporated under the laws of China India: Your agreement is with Blancco (Software) India Private Limited, a company incorporated under the laws of India

Australia and New Zealand: Your agreement is with Blancco Australasia Pty Limited, a company incorporated under the laws of Australia

Singapore: Your agreement is with Blancco APAC PTE, Limited, a company incorporated under the laws of Singapore

Malaysia and rest of Asia: Your agreement is with Blancco SEA Sdn Bhd, a company incorporated under the laws of Malaysia

"Affiliates" means, with respect to a party, any corporation or other business entity Controlled by, Controlling or under common Control with that party; whereby “Control” means the direct or indirect ownership of more than 50% (fifty percent) of the equity interest in such corporation or business entity, or the ability in fact to control the management decisions of such corporation or business entity.

“Intellectual Property Rights” means any patent, invention, utility model rights, database right, copyright, design right, registered design or other rights of a similar nature and any trademarks and/or trade names (whether registered or unregistered) and any applications for any of the aforementioned, and rights in any know-how, trade secrets or other confidential information or any other intellectual property right.

“Software” means each Blancco software program licensed by Blancco or its Affiliates, including any modifications, as indicated in the relevant quote or purchase order.

1. License grant

   
   

   Subject to the terms and conditions of this Agreement, Blancco hereby grants to You a non-exclusive, non-transferable, non-perpetual right to use the Software solely for your own internal operations. For the purpose of this Agreement, use of the Software means to access, install, download, copy or otherwise benefit from using the Software during the license term according to the license type agreed in the relevant quote or purchase order, and further described in Appendix 1 to this Agreement. The Software is owned by Blancco and/or its licensors and are copyrighted and licensed, NOT SOLD.

   
   

2. Your obligations

   
   

   1. In using the Software, or any part of it, You shall:

      
      

      1. ensure that the Software is installed on designated equipment(s) only;

         
         

      2. notify Blancco as soon as You becomes aware of any unauthorized use of the Software by any person;

         
         

      3. permit Blancco to inspect any records kept in connection with this license, for the purposes of ensuring that You are complying with the terms of this license. Blancco will provide reasonable advance notice to You of such inspections, which shall take place at reasonable times.

         
         

      4. NOT use or access the Software (i) if You are or become a direct competitor of Blancco, except with Blancco’s prior written consent, or (ii) for purposes of competitive benchmarking or similar purposes;

         
         

      5. NOT be entitled to license, sublicense, sell, resell, transfer, assign, distribute, rent, lease, or otherwise commercially exploit the Software in any way;

         
         

      6. to the maximum extent such restriction is permitted by applicable law, NOT modify, decompile, reverse assemble, reverse engineer, translate or disassemble, or make derivative works based on, any part of the Software for any reason or purpose;

         
         

      7. at all times comply with all applicable laws and regulations in the jurisdiction in which You use the Software, including, but not limited to, applicable restrictions concerning data privacy, data retention, copyrights and other intellectual property rights. You will indemnify Blancco and its Affiliates against any claim brought against Blancco in respect of any such contravention by You.

         
         

         1. use the Software in accordance with the user manual in effect at the time of such use, and promptly accept any software updates made available to You. Failure to accept any software updates may impact the performance of the Software.

         
         

3. Support and training

   
   

   Blancco's policy for providing support in relation to the Software shall be available at https://support.blancco.com/ or such other website address as may be notified to You from time to time (“Support Services Policy”). Blancco will provide the Customer with its support services during the normal

   business hours in accordance with the support plan purchased by the Customer and the Support Services Policy in effect at the time of the services. Blancco may amend the Support Services Policy in its sole and absolute discretion from time to time.

   
   

4. Modifications

   
   

   Blancco shall have the right to update, to provide new functionality or otherwise change the design of any Software or to discontinue the manufacture or sale of any Software in its absolute discretion without any liability to You. Blancco's policy for providing support in relation to any old version of the Software or the discontinued Software shall be available at https://support.blancco.com/ or such other website address as may be notified to You from time to time (“Support Lifecycle Policy”). Blancco may amend the Support Lifecycle Policy in its sole and absolute discretion from time to time.

   
   

5. Intellectual Property Rights

   
   

   You acknowledge that all Intellectual Property Rights in the Software and any related services belong and shall belong to Blancco and/or the relevant third-party owners (as the case may be), and the Customer shall have no rights in the Software other than the right to use it in accordance with the terms of this license (and/or any related third party license). The structure, organisation, and source code of the Software are the valuable trade secrets and confidential information of Blancco and/or the relevant third- party owners. All rights not expressly granted herein are reserved by Blancco and/or the relevant third- party owners. "Blancco" is a registered trademark of Blancco Technology Group and/or its Affiliates. Other Blancco related logos, product names, and service names are also trademarks of Blancco Technology Group and/or its Affiliates.

   
   

6. Third Party Software

   
   

   The Software may contain freely available and distributable and/or open source software and other copyrighted material by third parties ("Third Party Software"). The Third Party Software are subject to the terms, conditions and obligations of the applicable Third Party Software license, and are specifically excluded from all warranty, indemnity and support obligations described elsewhere in this Agreement.

   
   

7. Confidentiality

   
   

   1. “Confidential Information” means all information (whether written, oral or in electronic form) concerning the business and affairs of either party that the other party obtains or receives as a result of the discussions leading up to or the entering into or the performance of this Agreement.

      
      

   2. A party receiving Confidential Information (the "Recipient") shall keep in strict confidence all such Confidential Information of the other party (the "Discloser"). Both Parties agree in relation to the Confidential Information belonging to the other Party that during this Agreement and for five (5) years afterwards they shall:

      
      

      1. keep such information confidential and shall not disclose it to any third party; and

         
         

      2. use such information only in so far as is necessary to perform this Agreement.

         
         

   3. The Recipient shall be responsible for any unauthorized disclosure or use of the Discloser’s Confidential Information made by any of its employees, officers, agents, representatives or sub-contractors and shall take all reasonable precautions to prevent such unauthorized disclosure or use.

      
      

   4. The above restriction as to disclosure and use shall not apply to Confidential Information which:

      
      

      1. the Recipient can demonstrate by documentary evidence has been in its possession prior to disclosure by the other party and not subject to any other obligations as to confidentiality;

         
         

      2. is required to be disclosed by law, regulation or pursuant to an order of a competent authority, or

         
         

      3. at the time of receipt by the receiving party, is in the public domain.

8. Data

   
   

   You agree that Blancco may collect user information regarding the use of the Software as needed for reporting and billing purposes and may collect anonymous user data to enable error fixing, product development and other analysis and sales purposes. Any personal data will only be processed in accordance with the privacy policy available at https://www.blancco.com/privacy-policy/.

   
   

9. Your Indemnifications of Blancco

   
   

   PLEASE NOTE THAT YOUR USE OF THE SOFTWARE AND RELATED SERVICES WILL RESULT IN THE ERASURE OF ALL (OR SPECIFIED) DATA AND FILES IN YOUR HARD DRIVE, COMPUTER SYSTEM, STORAGE OR MOBILE DEVICE AND THAT YOU SHALL HAVE SOLE AND EXCLUSIVE RESPONSIBILITY FOR BACKING-UP YOUR DATA OR THIRD PARTY DATA UNDER YOUR CONTROL IN YOUR HARD DRIVE, SYSTEM, STORAGE OR DEVICE. BLANCCO SHALL NOT BE

   RESPONSIBLE FOR ANY LOSS OF DATA. You hereby agree to indemnify and save harmless the Blancco, its Affiliates and authorized resellers (“Indemnified Parties”) from and against all claims and losses in any way incurred by any Indemnified Parties in respect of any proceedings to which the Indemnified Party is made a party in connection with or arising out of (i) your use of the Software or loss of data; (ii) as a result of your actions, misuse of the Software, non-compliance with the terms herein or failure to operate the Software in accordance with the documentation; or (iii) in connection with or arising out of your use of the Software in violation of any applicable laws.

   
   

10. Blancco’s Indemnification of You

    
    

    Blancco warrants that, except for Third Party Software, any part of the Software shall not, when used by You in accordance with this Agreement, infringe any intellectual property rights of a third party in the country of delivery. Blancco may, at its option, either defend or settle any claim made against You by a third party alleging that the Software, except Third Party Software, infringes a right of a third party, or Blancco may pay the costs and damages finally awarded against You by a competent court or an out-of- court settlement; But only upon these conditions that (i) You will notify Blancco within thirty (30) days of receipt of any third party claim; (ii) Blancco will be granted the exclusive right to arrange any defense or settlement; and (iii) You will not make any statement contradictory to the interests of Blancco in connection with such claim.

    
    

11. Limited Warranty

    
    

    Blancco warrants for a period of ninety (90) days from the date of delivery that each unmodified copy of the Software will perform in all material respects in accordance with the corresponding user manual or documentation. You agree that such user manual or documentation may be supplied only in the English language, unless the local law requirement says otherwise. Any updates provided by Blancco shall be covered by this limited warranty for the remainder of the warranty period or for thirty (30) days from the date of delivery, whichever is longer. For any breach of the warranty, your exclusive remedy, and Blancco’s entire liability, shall be the correction of the Software errors that cause breach of the warranty. THE WARRANTY ABOVE IS UNIQUE AND IS INSTEAD OF ALL OTHER WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES, TERMS OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, THE SOFTWARE IS PROVIDED “AS IS” AND BLANCCO DOES NOT WARRANT OR GUARANTEE THAT THE OPERATION OF THE SOFTWARE WILL BE FAIL SAFE, UNINTERRUPTED OR FREE FROM ERRORS OR DEFECTS OR THAT THE SOFTWARE WILL PROTECT AGAINST ALL POSSIBLE THREATS. CUSTOMER MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW, WHICH MAY VARY FROM JURISDICTION TO JURISDICTION. BLANCCO DOES NOT SEEK TO LIMIT CUSTOMER’S WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY SUCH APPLICABLE LAW.

    
    

12. Limitation of Liability

    
    

    1. IN ANY EVENT, BLANCCO OR ITS AUTHORIZED DISTRIBUTORS SHALL NOT HAVE ANY LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING ANY LOSS OF PROFITS, REVENUE OR DATA, BUSINESS INTERRUPTION, LOSS RESULTING FROM SUBSTITUTE PURCHASE OF GOODS, OR OTHER SIMILAR LOSS)

       ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF BLANCCO OR ITS AUTHORISED DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

       
       

    2. IN ANY EVENT, THE AGGREGATE LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHER THEORY) OF BLANCCO, ITS AFFILIATES AND ITS AUTHORIZED DISTRIBUTORS ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE SHALL NOT EXCEED THE LICENSE FEES PAID BY YOU IN PRECEDING TWELVE (12) MONTHS TERM FROM THE DATE OF ANY CLAIM FOR THE SOFTWARE WHICH GAVE CAUSE TO THE CLAIM.

       
       

    3. THESE LIMITATIONS AND EXCLUSIONS SHALL NOT APPLY TO ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW.

       
       

13. Termination

    
    

    Without prejudice to your payment obligations, you may terminate your licence at any time by uninstalling and deleting, destroying or returning any copies of the Software and related documentation. Blancco may terminate your licence immediately in the event that You materially breach the terms of this Agreement. Upon such termination, you shall promptly return or destroy all copies of the Software and related documentation. Any terms of this Agreement that by their nature should survive the termination of this Agreement shall survive such termination.

    
    

14. Taxes

    
    

    It is understood and agreed between the Parties that You are responsible for any (sales) tax and any other taxes or governmental fees associated with your Quote and/or Order (together: “Taxes”). You shall be solely responsible for the payment of any and all Taxes levied on account of any amount invoiced and/or paid under this Agreement. If applicable, Blancco will provide You with an invoice where any Taxes are shown separately.

    
    

15. Miscellaneous

    
    

    1. Severability

       
       

       If any term or other provision of this Agreement is invalid, illegal or incapable or being enforced by any rule of law or public policy, all other terms and provisions of this Agreement shall still remain in full force and effect as long as its economic and legal intentions are not adversely affecting any party in any manner.

       
       

    2. Waiver

       
       

       A waiver of any right under this agreement is only effective if it is in writing and such waiver should apply only to the party to whom it is addressed and for such situations.

       
       

    3. Force Majeure

       
       

       Blancco shall have no liability to You under this Agreement if it is prevented from or delayed in performing its obligations under this agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, which also include strikes, lock-outs or other industrial disputes (whether involving the workforce of Blancco or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors. Blancco shall notify the Customer of such an event and its expected duration.

       
       

    4. No partnership or Agency

       
       

       Nothing in this Agreement is intending to create a partnership between the parties, or authorize either party to act as agent for the other. Neither party shall have the authority to act in the name or on behalf

       of or otherwise to bind the other in any way (which may include the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

       
       

    5. Notice

       
       

       Notices in connection with this Agreement by either party shall be in writing and shall be sent by electronic mail, postal service, or a delivery service (such as UPS, FedEx or DHL). You may not provide notice to Blancco of a Blancco breach or provide notice of termination of this Agreement by electronic mail. Notices from Blancco to You will be effective (a) in the case of notices by email, one (1) day after sending to the email address provided to Blancco, or (b) in the case of notices by mail or delivery service, five (5) days after sending by regular post or delivery service to the address provided to Blancco. You hereby consent to service of process being effected on You by registered mail sent to the address mentioned on the Order Form. Notices from You to Blancco will be effective (a) in the case of notices by email, one (1) day after sending to (and receipt by Blancco at) the email addresses stated in the Order Form, or (b) in the case of notices by mail or delivery service, when received by Blancco at the address stated in the Order Form.

       
       

    6. Export control

       
       

       You acknowledge that the Software may be subject to applicable U.S. and international import and export restrictions, including restrictions imposed by the U.S. Export Administration Regulations as well as end- user, end-use and destination restrictions issued by the U.S. government and the governments of other nations. You agree to comply with all applicable national and international laws that apply to the transport of the Software across national borders or to its use in any such jurisdiction.

       
       

    7. Entire Agreement

       
       

       This Agreement specifies the entire agreement between You and Blancco relating to the subject matter hereof and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered herein. Nothing contained in any purchase order submitted by a party other than order dates, identity, location, quantity and price shall in any way serve to modify or add to the terms of this Agreement.

       
       

16. Governing Law and Jurisdiction

    
    

    Both parties agree to the application of the laws of the State of Delaware to govern, interpret, and enforce all of your and Blancco's respective rights, duties, and obligations arising from, or relating in any manner to, the subject matter of this Agreement, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

    
    

    All rights, duties, and obligations are subject to the courts of the State of Delaware and You and Blancco hereby submit to the non-exclusive jurisdiction of such courts.

    
    

17. Languages

Terms may be drafted in different languages. English version shall always be the official version and in case of conflict between English and other language versions, the English version shall always prevail.

APPENDIX 1- LICENSE TYPE

1. Evaluation License

   
   

   If the Software has been provided to You as evaluation license, trial license or other similar designation as identified in the relevant quote or purchase order, or is licensed to You for evaluation or trial purposes (“Evaluation Software”), then the provisions of this section apply and shall supersede any other conflicting term of this Agreement.

   
   

   1. Your non-exclusive, non-transferable, limited licence to use the Evaluation Software shall be solely for evaluation purposes, and is limited to thirty (30) days from the date of delivery unless otherwise agreed to in writing by Blancco. The Customer acknowledges that the Evaluation Software is not intended for production or commercial use, but only for evaluation and testing purposes.

      
      

   2. During the term of the Evaluation License, the use of license and related services may be limited to a specific site, hardware or contracting entity as identified in the relevant quote or purchase order, and unless otherwise agreed, an Evaluation License does not cover use by any of Your Affiliates.

      
      

   3. THE EVALUATION SOFTWARE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF NON- INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BLANCCO DOES NOT WARRANT THAT THE CUSTOMER’S USE OF THE EVALUATION SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. ANY USE OF EVALUATION SOFTWARE IS ENTIRELY AT CUSTOMER’S OWN RISK AND BLANCCO WILL NOT BE LIABLE FOR ANY LOSS OF DATA. THE CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS, HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION AND SCOPE OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED. WHERE LEGAL LIABILITY CANNOT BE EXCLUDED, BUT MAY BE LIMITED, BLANCCO’S LIABILITY SHALL BE LIMITED TO THE SUM OF FIFTY (50) US DOLLARS OR THE EQUIVALENT IN LOCAL CURRENCY IN AGGREGATE.

      
      

2. Subscription License

   
   

   If the Software has been provided to You as a subscription license where the usage is limited to a specific period of time as agreed and identified in the relevant quote or purchase order (“Subscription License”), then the provisions of this section apply and shall supersede any other conflicting term of this Agreement.

   
   

   1. During the term of the Subscription License, the use of license and related services may be limited to a specific site, hardware or contracting entity as identified in the relevant quote or purchase order, and unless otherwise agreed, a Subscription License does not cover use by any of Your Affiliates.

      
      

   2. Your use of the Software under the Subscription License is unlimited subject to the fair usage policy (“FUP”) below and other limitations herein ("Legitimate Use").

      
      

   3. FUP is designed to prevent fraud and abuse of our subscriptions by a small number of users. The following is a non-exhaustive list of practices that would not be considered and a Legitimate Use:

      
      

      1. Re-selling subscription licenses;

         
         

      2. Sharing subscriptions with third parties;

      3. Unusual use patterns inconsistent with normal, individual subscription use;

         
         

      4. Use of significantly more volume than informed to Blancco at the time of purchase;

         
         

      5. Other practices that may be relevant in determining the Legitimate Use and Blancco reserves the right to take any unlawful, prohibited, abnormal or unusual activity into account in making its determination;

         
         

   4. FUP obligates You to inform Blancco without delay if its volume under the Subscription License has significantly changed (above 20%) from the volume informed to Blancco at the time of purchase, in which case Blancco may invoice the over usage according to its current price list.

      
      

   5. Blancco may at its option, terminate its relationship with You, or may suspend Your Subscription License immediately if it determines that You are using Your Subscription License contrary to the FUP or this Agreement. Where reasonable, Blancco will provide You with notice of improper usage before the suspension or termination of Your subscription and, at Blancco's discretion, Blancco may offer You an alternative subscription. Subscription License may not be converted to a perpetual license under any circumstances.

      
      

3. Volume License

   
   

   If the Software has been provided to You as a volume license where the usage is limited to a specific volume of license as agreed and identified in the relevant quote or purchase order (“Volume License”), then the provisions of this section apply and shall supersede any other conflicting term of this Agreement.

   
   

   1. During the term of the Volume License, the use of license and related services may be limited to a specific site, hardware or contracting entity as identified in the relevant quote or purchase order, and unless otherwise agreed, a Volume License does not cover use by any of Your Affiliates.

      
      

   2. In case of data erasure related products, unless otherwise provided in the relevant quote or purchase order, each time the Software is initiated to perform a task, such as an erasure, a licence will be consumed and, therefore remaining pool of the purchased licence will be reduced.

      
      

   3. In case of mobile diagnostics related products, unless otherwise provided in the relevant quote or purchase order, each time the Software is initiated to perform a task, such as a diagnosis, a licence will be consumed and, therefore remaining pool of the purchased licence will be reduced.