END-USER LICENSE AGREEMENT

IMPORTANT-READ THIS AGREEMENT CAREFULLY: This End-User License Agreement ("EULA") is a legal contract between you (either an individual or a single entity) ("You or Licensee") and Ensto Finland Oy ("Ensto") for the software product EVS (versions EVS3.10, EVS3.50, EVS3.100, EVS3.250 and EVS3.1000), which includes the computer software and the associated installation media ("Software"). Ensto may also license to You printed materials, and "online" or electronic documentation ("Documentation"). An amendment or addendum to this EULA may accompany the Software. ENSTO IS WILLING TO LICENSE THE SOFTWARE AND DOCUMENTATION TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT. YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON, 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 INSTALL, COPY, ACCESS, OR USE THE SOFTWARE, AND PROMPTLY RETURN THE SOFTWARE WITH ALL ACCOMPANYING ITEMS TO YOUR PLACE OF PURCHASE FOR A FULL REFUND, IF APPLICABLE.

This Software is licensed to You. Your rights to use the Software are only those rights specified in this EULA.

1. GRANT OF LICENSE

Provided You comply with all the terms and conditions of this EULA, Ensto grants You a non-exclusive license to install and use the Software on a single computer owned or leased by You.

You are not permitted to install multiple instances of the Software unless You have explicitly purchased multiple instances of the Software.

As the Software You have acquired is licensed to You based upon a charging station controlling capacity, You agree not to take any actions to exceed this capacity. If You desire additional capacity for your Software, You agree to purchase such additional capacity only from Ensto.

If the Software You have acquired is used in a virtualized environment, the number of concurrently used virtual environments or instances may not exceed the number of Software instances You have purchased.

If this Software is an upgrade or update to a previous version of a Ensto product, You may not transfer the prior version to another user. This EULA supersedes any prior license with respect to Your use of the Software.

The Software and the Documentation are copyrighted. Ensto reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. Ensto owns the title, copyright, and other intellectual property rights in the Software. Unauthorized copying, reverse assembly, reverse engineering, decompilation, and creating derivative works based on the Software are prohibited. You may make a copy of the Software provided that any such copy is only for archival purposes to internally back-up the Software. You may not make any other copies of the Software. You may not copy the Documentation. You may not sell or transfer any copy of the Software made for back-up purposes. Ensto has the right to alter the Software and provide You with an updated version of the Software. Ensto has the right to stop providing this Software and updated versions of the Software with a reasonable notice.

2. LIMITED WARRANTY

The Software is provided "AS-IS" without any warranty of any kind. Defective media will be replaced without charge if returned with proof of purchase. The Software is only designed to manage Ensto's electric vehicle charging stations. The Software is not designed, intended or licensed for use in hazardous environments requiring fail-safe controls, including without limitation, the design, construction, maintenance or operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, and life support or weapons systems. Ensto specifically disclaims any express or implied warranty of fitness for such purposes. Ensto makes no representation or warranty, express or implied, that the operation of the Software will be uninterrupted or error free, or that the functions contained in the Software will meet or satisfy Your intended use or requirements; You assume complete responsibility for decisions made or actions taken based on information obtained using the Software. If You make or attempt to make any changes to the Software, Ensto is not responsible for the consequences and the warranty is void.

TO THE MAXIMUM EXTENT PERMITTED BY LAW THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND ENSTO DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY OF TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

3. LIMITATION OF REMEDIES

Ensto's entire liability and Your exclusive remedy for breach of the Limited Warranty shall be:
* The replacement of the Software not meeting the Limited Warranty specified above which is returned with proof of purchase; or
* If Ensto is unable to deliver replacement Software which meets the Limited Warranty specified above, You may terminate this EULA by returning the Software as provided herein, and Ensto will refund Your purchase price.

4. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ENSTO BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR LOST SAVINGS, FOR LOSS OF PRIVACY, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF ENSTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. ENSTO'S MAXIMUM CUMULATIVE LIABILITY RELATIVE TO ALL CLAIMS AND LIABILITIES, INCLUDING THAT WITH RESPECT TO DIRECT DAMAGES AND OBLIGATIONS UNDER ANY INDEMNITY, WHETHER OR NOT INSURED, WILL NOT EXCEED THE COST OF THE SOFTWARE GIVING RISE TO THE CLAIM OR LIABILITY. ALL OF THESE DISCLAIMERS AND LIMITATIONS OF REMEDIES AND/OR LIABILITY WILL APPLY REGARDLESS OF ANY OTHER CONTRARY PROVISION OF THIS EULA OR ANY OTHER AGREEMENT BETWEEN YOU AND ENSTO AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE.

You agree that Ensto is not responsible for the charged energy displayed by the Software to be inaccurate; it can be too much or too little, as it depends on use of communication networks which are not always reliable.

You agree that the residual current device remote test result shown by the Software is only indicative and Ensto is not liable for any damage caused by incorrect residual current device remote test result shown by the Software or if the remote test will not actually take place in the charging point due to a communications error or a software error.

You agree that Ensto is not responsible for lost data, lost profit, lost computer time or other direct or indirect damage caused to the computer or damage caused to other software or hardware running on the computer by your use of the Software in the computer or by a programming error in the Software.

5. TERM AND TERMINATION

This EULA takes effect upon Your use of the Software and remains effective until terminated for any reason. You may terminate it at any time by destroying all copies of the Software and Documentation in Your possession. It will also automatically terminate if You fail to comply with any term or condition of this EULA. You agree upon termination of this EULA to either return to Ensto or destroy all copies of the Software and Documentation in Your possession.

6. AUDIT

You agree that Ensto may audit Your use of the Software for compliance with these terms, upon reasonable notice. In the event that such audit reveals any use of the Software by You other than in full compliance with the terms of this EULA, You shall reimburse Ensto for all reasonable expenses related to such audit in addition to any other liabilities You may incur as a result of such non-compliance.

7. MISCELLANEOUS

This EULA shall be governed by the laws of Finland, without regard to any conflict of law's provisions. The United Nations Convention on the International Sale of Goods will not apply. You agree to bring any action in connection with this EULA or the Software exclusively in Finland, and You further agree to the jurisdiction of Finland for any action that Ensto brings against You.

This EULA, and any amendment or addendum to this EULA that accompanies the Software is the complete and exclusive agreement between Ensto and You, and supersedes all prior agreements, whether written or oral, relating to the Software provided and the Documentation. This EULA may not be changed or modified except by an instrument in writing signed by a duly authorized representative of Ensto. If for any reason a court of competent jurisdiction finds any provision of this EULA or portion thereof, to be unenforceable, that provision of the EULA shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this EULA shall continue in full force and effect.

You must make the users of the charging points the Software is used to manage beware that it is not always guaranteed that the users will always able to charge their vehicles from charging points managed by the Software, as the charging functionality depends on the use of communication networks which are not always reliable.

You agree that the use of the Software creates a database which might include sensitive user data including but not limited to users' phone numbers, RFID tag ids, PIN codes, address information and that Ensto is not responsible for the breach of this data to any third party due to incorrect use of the Software, programming error or other vulnerability in the Software or any third party software installed in the computer. You agree that you take care of the actions required to comply with a Data Protection Act in your local jurisdiction or country and that Ensto is not responsible in any way for doing this for You. You agree that the Software can be only used to manage Ensto charging points, charging point users and to create reports based on the data collected to the database while using the Software. You agree that the data in the database might not accurately reflect the real use of the charging points, for example the user who is charging an electric vehicle might not really be the user Software says they are. You agree that the charging event data, for example the measurement of charged energy and charging time, is not always accurate.

The parties acknowledge that they have required the EULA to be drafted in English. In the event of a conflict between the English and other language versions, the English version will prevail.
If you have any questions about this EULA, or if you want to contact Ensto for any reason, please direct all correspondence to: Ensto Finland Oy, Ensio Miettisen katu 2, P.O. Box 77, 06101 PORVOO, FINLAND or email ensto@ensto.com.