Wave Software, LLC TRIDENT PRO, TRIDENT PREVIEW & TRIDENT EXPLORER SOFTWARE (non-saas) END USER LICENSE AGREEMENT ( EULA )

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1 Wave Software, LLC TRIDENT PRO, TRIDENT PREVIEW & TRIDENT EXPLORER SOFTWARE (non-saas) END USER LICENSE AGREEMENT ( EULA ) IMPORTANT: You must read this EULA carefully as it limits your rights regarding use of the Wave Trident Pro, Trident Preview, and/or Framework Software specified on your Order Form or in your Ordering Pages. This End User License Agreement ("EULA" or Agreement ) is a legally binding Agreement between the user who is the Licensee (either an individual or a single entity, referred to herein as Licensee or You ), and Wave Software, LLC ( WAVE or Licensor ), for the software product(s) identified in the Order Form or Ordering Pages associated herewith, which includes computer software and associated "online" or electronically-provided documentation ("SOFTWARE PRODUCT"). Where Wave provides to You at no charge or at an additional fee any updates, upgrades, new releases, new versions, enhancements, and/or supplements, these shall be subject to the terms applicable to the original SOFTWARE PRODUCT licensed to you by WAVE. By installing, copying, downloading, accessing, or using the SOFTWARE PRODUCT in any manner, You agree to be bound by the terms of this EULA. If You do not agree to all the terms of this EULA, You may not install or use the SOFTWARE PRODUCT in any way; You may, however, return the Software Product for a full refund, if and only if You have not signed or otherwise agreed to an Order Form and You have not clicked I Agree or the equivalent acceptance to Ordering Pages at (the Website ). Applicability of this Agreement. This Agreement shall apply to your use of the Software Products, including Free Trials. SOFTWARE PRODUCT LICENSE Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties such as those regarding trademark, protect this SOFTWARE PRODUCT. The SOFTWARE PRODUCT is only licensed to You. No part of the SOFTWARE PRODUCT is being sold to You, and You agree to assert no rights in the SOFTWARE PRODUCT itself. You may assert only those rights specifically granted in this EULA and agree to abide by all terms and conditions stated herein.

2 1. LICENSE TO USE SOFTWARE PRODUCT. 1.1 LICENSE GRANT SINGLE USER LICENSE GRANT: WAVE and its applicable suppliers grant to Licensee a nonexclusive, nontransferable, term license to use the SOFTWARE PRODUCT in object code form solely on a single central processing unit owned or leased by Licensee or otherwise embedded in equipment provided by WAVE MULTIPLE-USERS LICENSE GRANT: If multiple users of the SOFTWARE PRODUCT are permitted to use the Software under the Order Form or Ordering Pages, WAVE and its suppliers grant to Licensee a nonexclusive, nontransferable, term License to use the SOFTWARE PRODUCT in object code form: (i) installed in a single location on a hard disk or other storage device of up to the number of computers owned or leased by Licensee for which Licensee has paid a License Fee ("Permitted Number of Computers"); or (ii) provided the Software is configured for network use, installed on a single file server for use on a single local area network for either (but not both) of the following purposes: (a) permanent installation onto a hard disk or other storage device of up to the Permitted Number of Computers; or (b) use of the Software over such network, provided the number of computers connected to the server does not exceed the Permitted Number of Computers. Licensee may only use the programs contained in the Software (i) for which Licensee has paid a License Fee (or in the case of an evaluation copy, those programs Licensee is authorized to evaluate) and (ii) for which Licensee has received a license key. 1.2 COMPLIANCE. Licensee grants to WAVE and its independent accountants the right to examine its records and accounts during Licensee's normal business hours to verify compliance with the above provisions. In the event such audit discloses that the Permitted Number of Computers is exceeded, Licensee is immediately liable for, and shall immediately pay to WAVE, the applicable licensee fee for the additional computers and/or users for the period of time the SOFTWARE PRODUCT has been used but not paid for, in addition to the full cost of the audit. At WAVE's option and without diminishing or waiving its right to any funds due and payable, WAVE may terminate this EULA and/or disable the Software Product and/or cease all support and maintenance for failure to pay the required License Fee and associated audit costs. 1.3 SOURCE CODE. Licensee has no right of access to the source code of the SOFTWARE PRODUCT. Licensee shall have no right to in any way access, utilize or disclose the source code of the SOFTWARE PRODUCT for any reason. 1.4 BETA, TRIAL or EVALUATION VERSIONS. Licensee may use the beta versions, trial versions, and/or evaluation versions if provided by

3 Wave at its discretion, for the limited purpose of evaluation for purchase of a license. Licensee may not distribute any of the files provided with the beta, trial, or evaluation version (individually or collectively, Free Trial ). 1.5 TERM OF LICENSE. For Free Trials, the term of the license provided shall be limited at Wave s discretion and shall be specified in the Free Trial Order Form or Ordering Pages or in the transmittal of the link or Free Trial version to Licensee, but if not specified shall be specified upon request by Licensee to Wave. Otherwise, the term of a paid-for license provided shall be specified in the Order Form or Ordering Pages, and if it is not specified the term shall be deemed to be for one year from the Effective Date of this EULA. Wave does not promise to make available Free Trials but does provide the opportunity for you to request a Free Trial and will make reasonable efforts to comply with such request where and to the extent reasonably feasible. No warranties or indemnifications from Wave apply to Free Trials. No data or modifications will be saved after Free Trials expire or terminate. No Maintenance, Support, Training, Setup, Consulting or other Services are Included with Free Trials. Additional terms and conditions may apply to Free Trials and shall be specified in the Order Form, Ordering Pages, Website, or Documentation. 2. ADDITIONAL RIGHTS AND LIMITATIONS 2.1 RESTRICTIONS. Licensee may not alter, assign, create derivative works from or for, decompile, disassemble, distribute, give, lease, loan, modify, rent, reverse engineer, sell, sub-license, transfer or translate in any way, by any means or any medium, including telecommunications, the SOFTWARE PRODUCT, including its code, or any Documentation. Licensee will use best commercial efforts and take all reasonable steps to protect the SOFTWARE PRODUCT from unauthorized access, use, examination, copying or dissemination. 2.2 SUPPORT SERVICES. WAVE may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"), subject to an additional fee unless included in a license for a limited term or subscription term purchase under the Order Form or Ordering Pages. Use of Support Services is governed by the policies and programs described in "online" documentation and/or in other WAVE provided materials at the time such Support Services are utilized. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to information you provide to WAVE as part of the Support Services, including technical information, WAVE may use such information for its business purposes, including for product support for Licensee and Wave product development. WAVE will not utilize any such technical information in a form that personally identifies Licensee. 2.3 The SOFTWARE PRODUCT is licensed as a single product and the software programs comprising SOFTWARE PRODUCT may not be separated

4 without Wave s permission. 2.4 Compliance with Law. You agree to use the Software Products only in compliance with all applicable laws. 2.5 Authority to Bind Company. You represent and warrant that you have the complete right and legal authority to execute, enter into and bind the company you represent to this Agreement. In addition, you warrant that no current (or pending or threatened) claim (or suit or litigation) or other conflict of interest would have a materially adverse effect (or impact or influence) on your ability to execute (or perform or otherwise fulfill) your obligations required under this Agreement. 2.6 Subscription Access and User(s) Compliance. Licensee s authorized Users only may access and use the Software Products solely for internal business purposes, as permitted by this Agreement, and not in violation of the terms of this Agreement or any Documentation. You are responsible for User(s) compliance with this Agreement, and for notifying us of any unauthorized use or access of the Service. 2.7 Export Compliance. Licensee shall not export or reexport, directly or indirectly, or provide to any other person or entity for export or re-export, any Software Product, or Documentation, or technical data related thereto, without prior written approval from Wave and without first complying with all applicable export control regulations of any jurisdiction to which Licensee or the Software Product or Documentation are subject, including, without limitation, obtaining any necessary export or reexport consent from the U.S. Department of Commerce or other governmental authority. Notwithstanding the above, if permitted at all, Licensee shall only be permitted to export or re-export during the term of this Agreement. Licensee will indemnify Wave against any damage, loss, liability or expense (including attorneys fees) that Wave may incur as a result of Licensee s failure to comply with this Section. 3. TERM and TERMINATION. 3.1 EFFECTIVE DATE. The Effective Date of this Agreement shall be the date it become signed by both parties, the date the Ordering Pages are received and

5 accepted by Wave, or the date the Software Product(s) are received or accessed by Licensee, whichever occurs first. 3.2 TERM. The initial Term of this Agreement shall be for the term of the License(s), as set forth in Section 1.5 and the Order Form or Ordering Pages, unless earlier terminated under Section 3.3 of this Agreement. The Term of this Agreement shall be automatically renewed for additional 12 month terms at the end of the initial Term and subsequent renewal terms, unless terminated in accordance with Section TERMINATION Either party may terminate this Agreement for breach at any time upon thirty (30) days Notice to the other party, during which 30 days the other party shall have the opportunity to cure the breach Either party may terminate for any or no reason effective at the end of any initial Term or renewal Term by providing at least sixty (60) days notice prior to the end of such Term Notwithstanding any other provision in this Agreement, Wave may terminate Licensee s access to the Software Product(s), support/maintenance services, and/or terminate this Agreement, immediately in the event that Customer does not pay timely (TIME BEING OF THE ESSENCE) in accordance with Section 5 or that payment is not made in full or is not received by or is charged back to Wave (e.g., by virtual of an NSF check, disputed credit card charge, etc.). In addition, Wave reserves the right to charge a reinstatement fee to reactivate the Software and/or maintenance/support services. 3.4 Pricing upon Renewal/Auto-renewal. In the event the Term is renewed or automatically renews, pricing shall not increase unless Wave provides at least fifteen (15) days Notice of such pricing increase to Licensee, in which case Licensee shall have fifteen (15) days to provide Notice to Wave of its Notice of Termination, and in such case the Agreement shall terminate on the expiration of the current Term or fifteen (15) days after Wave provided notice to Licensee, whichever occurs later. 3.5 Upon termination of this Agreement or expiration of any term license, Licensee shall forthwith pay all License fees and other sums owed to Wave and return the Software Products and Documentation and shall certify in writing by an officer of Licensee that all copies and system recovery copies thereof have been destroyed and/or deleted from Licensee s computer libraries or storage facilities and are no longer in use. 4. UPGRADES, ENHANCEMENTS AND UPDATES. From time to time, at

6 its sole discretion, WAVE may provide enhancements, updates, upgrades, new releases and/or new versions of the SOFTWARE PRODUCT (collectively Enhancements ) at no charge or at additional fees and subject to its then standard terms and conditions as published on the Wave website or in an additional agreement. This Agreement shall apply to all such Enhancements. Licensee is not entitled to any Enhancements of the SOFTWARE PRODUCT or Documentation, and all Enhancements are provided at the discretion, and under the terms, chosen by Wave. 5. LICENSE FEES. a. License Fee(s) shall refer to any and all fees for licensing the Software Product(s), as set forth in the Order Form or Ordering Pages, including all taxes, maintenance/support fees, and other charges. Upon renewal or autorenewal, the License Fee(s) are subject to increase pursuant to Section 3.4. b. Fees quoted are in US Dollars, unless otherwise indicated. c. License Fees are based on the number of users, unless otherwise specified in the Order Form or Ordering Pages. You pay based on the number of user licenses purchased, regardless of actual usage. During the Term, the number of Users cannot be decreased. However, if more than the purchased number of Users use or intend to use the Software Product(s), you agree to notify Wave immediately and pay for additional Users. d. You agree to pay, in advance of receiving access to the Software Product(s), the subscription fees and all other fees associated with your order (including fees for services, etc.), as well as all renewals on or before the renewal date, as outlined in the Ordering Pages on the Website and/or in the Order Form attached hereto, TIME BEING OF THE ESSENCE. e. Where You present a credit card, bank account information, debit card, or other accepted payment method information, you understand and agree that Wave has the option to charge such accounts immediately or within a reasonable time, or at an appropriate time in the future such as the effective date of a new service or module. In addition, Wave has your authorization to charge the account for any and all renewals, including autorenewals, in advance of such renewal or within a reasonable time thereof. Wave reserves the right to invoice you for renewals, in which case your obligation is to let Wave know how you would like to pay for the renewal, but Wave nonetheless retains the right to charge the account previously provided. It is Your responsibility to update account information so that the account information

7 on file at Wave is current, not expired, not closed, and the account you prefer to be charged for renewals and additional purchases. If your account is not being automatically charged based on accountinformation we have from you but rather you are paying by other means (e.g., check, wire transfer, money order), you agree to pay within ten (10) days of receipt of invoice. f. Licensee agrees to pay all fees and charges promptly and to rectify any issues with payments that do not go through (e.g, due to insufficient funds, closed accounts, changed credit card numbers, expired cards) immediately upon knowledge, recognizing that nonetheless Wave may terminate your access to the Software, your maintenance/support services, this Agreement, and pursue any and all remedies it may have at law for late or nonpayment. g. Licensee shall pay interest at the maximum rate permitted by law or 1 1/2% per month (whichever is lower) on all sums hereunder which remain unpaid thirty (30) days after due, such interest to commence on the due date, plus reasonable attorney's fees and costs incurred by Wave in collecting overdue amounts and in enforcing this Agreement. h. Pricing for renewals is governed by Section COPYRIGHT and OTHER PROPRIETARY RIGHTS. 6.1 All right, title and interest, including all intellectual property rights, in and to the Software and SOFTWARE PRODUCT (including but not limited to any code, graphics, images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned exclusively by WAVE or its suppliers. All right, title and interest, including all intellectual property rights in and to content which may be accessed through use of the SOFTWARE PRODUCT, is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This LICENSE grants Licensee no rights to use such content. WAVE reserves all rights not expressly granted herein. Licensee agrees that aspects of the licensed materials, including the specific design and structure of the Software Products, constitute trade secrets and/or copyrighted material of WAVE. Licensee agrees not to disclose, provide, or otherwise make available any of Wave s trade secrets or copyrighted material in any form to any third party without the prior written consent of WAVE. Licensee agrees to implement reasonable security measures to protect such trade secrets and copyrighted material and at a level at least as secure as it protects its own

8 trade secrets and copyrighted materials. 6.2 Licensee MAY NOT COPY the SOFTWARE PRODUCT or Documentation except that Licensee may make one (1) copy of the SOFTWARE PRODUCT and the associated electronic Documentation for archival/backup purposes. Such copy will have to be labeled externally as such and show that use is subject to this EULA. 7. LIMITED WARRANTY. Licensee assumes all responsibility for the selection of the SOFTWARE PRODUCT as appropriate to achieve the intended results of the Software Product use. The SOFTWARE PRODUCT and documentation are not represented to be error-free. WAVE warrants that (a) the SOFTWARE PRODUCT shall perform substantially as described in its Documentation for a period of ninety (90) days from purchase, and (b) any Support Services provided by WAVE shall be substantially as described in Wave s accompanying materials, and Wave s Support Team will make commercially reasonable efforts to solve any problem covered by this warranty. EXCEPT FOR THE FOREGOING LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SOFTWARE PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. 8. LICENSEE REMEDIES. WAVE's entire liability and Licensee's exclusive remedy shall be, at WAVE's option, either (a) return of a prorated amount of the License Fees paid for the relevant Software Product(s) based on the period of time affected and affected usage, or (b) repair or replacement of the SOFTWARE PRODUCT by Wave. The Limited Warranty provided herein is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, misuse, EULA breach or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. 9. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by law, in no event shall WAVE or its suppliers be liable for any special, incidental, indirect or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other such pecuniary loss) arising out of the use of, or inability to use, the SOFTWARE PRODUCT, or the failure to provide Support Services, even if WAVE or its Distributor have been advised of the possibility of such damages. In addition, Licensee specifically waives any claim to any of the foregoing damages. In all cases, WAVE's entire liability under this EULA shall be limited to the greater of the amount actually paid by the licensee for the SOFTWARE PRODUCT over the past twelve (12) months. Some states do not allow the exclusion or limitation of certain implied warranties or the limitation of the foregoing warranty or the exclusion or limitation of incidental or consequential damages, in which case and to the extent such exclusion or limitation is not allowed, some of the foregoing limitations and exclusions may

9 not apply to Licensee. 10. U.S. GOVERNMENT RESTRICTED RIGHTS. The licensed SOFTWARE PRODUCT and Documentation have been developed exclusively at private expense and are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to all restrictions under the laws of the United States,including but not limited to those set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR , as applicable. Manufacturer is WAVE Software, LLC, Vienna, Virginia, U.S.A Licensor s Patent and Copyright Indemnification, Limitation of Liability. Licensor represents that the Software Product does not violate or infringe on any patent, trademark, trade secret, copyright, or other intellectual property right of any third person. Licensor hereby agrees to indemnify, defend, and hold the Licensee harmless from any claim, suit or action, and any loss, damage, judgment, cost or expense, including reasonable attorney's fees, which may be incurred in connection with any claim that the Software Product infringes any patent, trademark, trade secret, copyright or other intellectual property right. Licensee shall give prompt written notice of any such claim to Licensor, so that Licensor may settle or defend such action at Licensor's sole expense and, at Licensor s option, under Licensor s control. In order to have the benefit of Licensor s indemnity under this section, Licensee must cooperate fully and promptly in the defense of any action and shall make all records, personnel and other information deemed relevant by Licensor available to Licensor immediately upon Licensor s request. Licensee s failure to abide by the obligations of this section shall constitute a forfeit of the indemnity under this section, except Licensor shall not be excused from this indemnity by a failure of Licensee to give notice unless and then only to the extent Licensor is prejudiced by such lack of notice. In the event an injunction is issued, or is reasonably likely to be issued, prohibiting Licensee s use of the Software Product, or the Software Product is held to infringe the rights of any third party, Licensor shall have the option, at Licensor's sole expense, either to procure for Licensee the right to continue using the Software Product or to replace or modify the Software Product so that it becomes non-infringing. In the event neither of these options is possible, Licensor shall refund all relevant License Fees and Maintenance Fees paid by Licensee. 12. Licensee s Indemnification of Wave. Licensee agrees to indemnify, defend and hold Licensor harmless from any claim, suit or action, and any loss, damage, judgment, cost or expense, including reasonable attorney s fees, which may arise out of Licensee s breach of this Agreement, negligence, intellectual property, actions or failures to act, or access to/use of/ distribution of the Software Product(s).

10 13. Preliminary Injunction. Licensee acknowledges that breach of this EULA would involve irreparable damage to Licensor, in addition to monetary damages, which may not be fully compensated by monetary damages. Therefore, upon petition by Licensor based on allegations of an actual or threatened breach of this EULA, Licensee consents to the imposition of a preliminary injunction as an equitable measure, irrespective of any issue of burden arising from such injunctive relief, prohibiting any activity or threatened activity that might constitute a breach of any term of this EULA, pending a full trial of any issue of breach.14. GENERAL PROVISION. Licensee shall have no right to sub-license or assign any of the rights of this Agreement, for any reason. If any provision of this Agreement shall be deemed to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining portions of this Agreement shall not be affected or impaired thereby. In the event of a legal proceeding arising out of this Agreement, Wave shall be entitled to all legal costs incurred. This Agreement constitutes the entire agreement between the parties for the supply and use of the SOFTWARE PRODUCT and its associated documentation and supersedes any prior arrangements, agreements, representations, and undertakings, whether written or oral. This Agreement may not be changed or modified except by a written instrument duly executed by each of the parties hereto. 15. GOVERNING LAW, JURISDICTION AND FORUM. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida, United States of America. Each party consents to the personal jurisdiction of the State of Florida and agrees to commence any legal proceedings arising out of this EULA shall be conducted solely in the courts located in the city of Orlando, Florida. 16. TAXES AND OTHER CHARGES. Licensee shall be responsible for the payment of all taxes, duties, or levies that may now or hereafter be imposed by any authority upon this Agreement for the delivery, licensing, use, or maintenance/support services of the SOFTWARE PRODUCT, and if any of the foregoing taxes, duties, or levies are paid at any time by WAVE, Licensee shall reimburse WAVE immediately in full upon demand. In addition to taxes, Licensee is responsible for the payment of any applicable taxes, shipping, delivery, and/or expediting charges. 17. ACKNOWLEDGEMENTS. Licensee acknowledges having read this Agreement, having understood it, and having the right of legal counsel to examine this Agreement. Licensee agrees to be bound by the terms and conditions of this Agreement. 18. SURVIVAL. The following provisions shall survive termination of this Agreement: Sections 1.2, 1.3, 2.1, 3.5, 5(g), 6.2, 7, 8, 9, and UNNUMBERED SECTIONS ARE MADE PART OF THIS AGREEMENT. All unnumbered sections of this Agreement, including the introduction, are made

11 part of and are hereby incorporated into this Agreement and are enforceable provisions of this Agreement. 20. Not contingent on representations as to future offerings, functionality or features. You understand and agree that this Agreement is not conditioned on any representation or understanding as to Wave s offering certain products, services, functionality, features, etc. in the future. You understand that even if representations were made in this regard, they are not enforceable under this Agreement, as they are expressly disclaimed.21.notices. Any notice or communication required or permitted under this Agreement shall be in writing and delivered/sent (as applicable, below) to the parties at their respective principal addresses set forth below or at such other address as may be given in writing by either party to the other in accordance with this Section and shall be deemed to have been received (i) if given by hand, immediately; (ii) if given by air mail, five (5) business days after posting; (iii) if given by overnight/two-day express courier service, the first/second business day, respectively, following dispatch in the jurisdiction of the recipient; or (iv) if given by fax, upon receipt thereof by the recipient's fax machine or in the sender's transmission confirmation report as produced electronically by sender's fax machine. 22. Waiver. It is agreed that not enforcing any provision of this Agreement in a given instance shall not constitute a waiver by Wave of its rights to enforce such provision in that instance at such later time or in any other instance.

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