================================================================================ HASH CALCULATOR - END-USER LICENSE AGREEMENT (EULA) ================================================================================ IMPORTANT - PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING, ACTIVATING, COPYING, OR OTHERWISE USING THIS SOFTWARE. This End-User License Agreement ("Agreement") is a binding legal contract between you (either an individual or a single legal entity, hereinafter "You", "Your", or "Licensee") and INNOVATIVA SOFTTECH SOLUTIONS PRIVATE LIMITED, a company incorporated under the laws of the Republic of India and having its registered office in the State of Maharashtra, India ("INNOVATIVA", "Licensor", "we", "us", or "our"), governing your use of the software product "Hash Calculator", including, without limitation, the executable, bundled Java runtime, configuration files, database schemas, audit-log subsystem, report templates, snapshot subsystem, license-enforcement subsystem, documentation, sample files, updates, supplements, and any associated media (collectively, the "Software"). BY CLICKING "I ACCEPT", INSTALLING, ACTIVATING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THE ENTIRETY OF THIS AGREEMENT. SUCH ACCEPTANCE CONSTITUTES A VALID AND ENFORCEABLE ELECTRONIC SIGNATURE UNDER THE INFORMATION TECHNOLOGY ACT, 2000 (INDIA) AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION. IF YOU DO NOT AGREE TO EVERY TERM SET OUT BELOW, DO NOT INSTALL, ACTIVATE, COPY, OR USE THE SOFTWARE. ================================================================================ 1. LICENSE GRANT AND HOSTNAME BINDING ================================================================================ Subject to Your strict and continued compliance with every term and condition of this Agreement, INNOVATIVA grants You a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable, revocable license to install and use the Software solely for Your own personal or internal business purposes. THIS LICENSE IS STRICTLY BOUND TO THE HOSTNAME AND HARDWARE FINGERPRINT OF THE COMPUTER ON WHICH IT IS FIRST ACTIVATED. A SEPARATE LICENSE IS REQUIRED FOR EACH UNIQUE HOSTNAME OR PHYSICAL/VIRTUAL SYSTEM ON WHICH THE SOFTWARE IS INSTALLED OR EXECUTED. LICENSE SHARING, COPYING, CLONING (INCLUDING VIRTUAL- MACHINE CLONING), OR TRANSFERRING TO ANY OTHER DEVICE OR USER IS STRICTLY PROHIBITED AND CONSTITUTES A MATERIAL BREACH OF THIS AGREEMENT. You may make ONE (1) machine-readable backup copy of the Software solely for archival purposes, provided that the copy preserves every proprietary, copyright, trademark, and license notice contained in the original and is not installed or executed on any system other than the licensed one. ================================================================================ 2. READ-ONLY, NON-DESTRUCTIVE OPERATION ON EVIDENTIARY MEDIA ================================================================================ The Software is designed for forensic use and, when used in accordance with its documented operating modes, operates in a strictly read-only manner with respect to evidentiary data. Specifically, the Software: (a) does NOT delete, modify, overwrite, rename, move, truncate, or alter any file, folder, byte, sector, slack space, journal entry, or filesystem metadata on any storage device or path that You scan, hash, snapshot, verify, or otherwise process as evidence; (b) does NOT write to the source media being examined; (c) writes only to (i) its own application data directory (case database, audit log, snapshots, reports, configuration, license-state file, and crash logs), and (ii) destinations You explicitly choose (e.g., a folder You select for an exported report, snapshot file, or checksum export). The above is a design guarantee of the Software's normal operating modes. Notwithstanding this guarantee, YOU REMAIN SOLELY RESPONSIBLE FOR: (i) following Your organization's evidence-handling, chain-of-custody, and digital-forensics standard operating procedures; (ii) using hardware write-blockers, forensic acquisition bridges, or equivalent controls whenever the underlying source-media or judicial rules so require; (iii) verifying that the source media is not modified by any other process (operating system, antivirus, indexing service, etc.) outside the Software's control. INNOVATIVA DISCLAIMS ALL LIABILITY FOR ANY CHANGE TO SOURCE MEDIA CAUSED BY ANY PROCESS, AGENT, OR ACTOR OTHER THAN THE SOFTWARE ITSELF. ================================================================================ 3. AUDIT LOG AND CHAIN OF CUSTODY ================================================================================ The Software maintains a local, tamper-evident, hash-chained audit log of significant actions (case creation, evidence addition, hashing, verification, snapshot save/verify, report export, configuration change, and similar events). The audit log is stored on the licensed computer and is NOT transmitted to INNOVATIVA or any third party by the Software. You acknowledge and agree that: (a) the audit log is created and chained automatically, and You cannot opt out of it while using the Software; (b) the audit log is intended to support chain-of-custody documentation and is part of the Software's forensic value; (c) You are solely responsible for preserving, exporting, backing up, and producing the audit log as required by Your applicable procedures, regulations, contracts, court orders, or other legal obligations; (d) any deletion, corruption, tampering, or loss of the audit log by You, Your personnel, or any third party shall not give rise to any claim against INNOVATIVA. ================================================================================ 4. PERMITTED USE ================================================================================ You may use the Software only for lawful purposes and only in strict compliance with all applicable laws and regulations of every jurisdiction in which You install, execute, or distribute the output of the Software, including, where relevant, rules of criminal and civil procedure, evidence law, data-protection law (including the Digital Personal Data Protection Act, 2023, of India, where applicable), cybersecurity law, and digital- evidence handling standards. You shall NOT use the Software: (a) to examine, hash, snapshot, copy, or process any data that You do not have express and demonstrable lawful authority to examine; (b) to impersonate any person or entity, or to misrepresent the origin, integrity, time, authenticity, or chain-of-custody of any hash, snapshot, report, audit-log entry, or other output of the Software; (c) to circumvent, disable, defeat, or interfere with any security, integrity, logging, license-enforcement, or anti-tamper mechanism of the Software; (d) to perform penetration testing, vulnerability research, or security assessment against the Software, INNOVATIVA, INNOVATIVA's infrastructure, or INNOVATIVA's other customers, without INNOVATIVA's prior written consent; (e) in any safety-critical, life-critical, medical-decision, aviation, nuclear, defence, weapon-control, autonomous-vehicle, or critical- infrastructure context where failure of the Software could foreseeably result in death, personal injury, environmental damage, or material property damage (see Section 16); (f) to provide any hosted, multi-tenant, time-share, software-as-a-service, managed-service, or analysis-as-a-service offering to any third party, whether for consideration or otherwise, without a separate written commercial agreement with INNOVATIVA. ================================================================================ 5. RESTRICTIONS ================================================================================ Except to the minimum extent expressly permitted by applicable law that cannot be contractually waived, You shall NOT, and shall not permit any third party to: (a) modify, adapt, translate, port, localize, or create any derivative work of the Software, in whole or in part; (b) reverse-engineer, decompile, disassemble, deobfuscate, decrypt, or otherwise attempt to derive the source code, internal data structures, algorithms, or organization of the Software, in whole or in part, including but not limited to any portion that has been obfuscated using ProGuard or equivalent tooling; (c) rent, lease, lend, sell, sublicense, distribute, transfer, share, publish, or otherwise make the Software available to any third party; (d) remove, alter, obscure, or render illegible any proprietary notices (including copyright, trademark, vendor, and license notices) on or in the Software, its output, or its documentation; (e) use the Software to develop a competing product or to derive competitively useful information about INNOVATIVA's products, algorithms, or know-how; (f) bypass, modify, defeat, or circumvent any technical protection measure or license-enforcement mechanism in the Software, including the hostname-binding mechanism described in Section 1 and the license-validity mechanism described in Section 14; (g) waive Your rights under this Agreement by way of class action, collective action, or representative action; You agree that any dispute under this Agreement shall proceed only on an individual basis (to the maximum extent permitted by applicable law). ================================================================================ 6. CONFIDENTIALITY ================================================================================ The Software, its source structure, its internal data formats (including the case-database schema, snapshot file format, audit-log chain format, and report file format), and any non-public information disclosed to You in connection with the Software (collectively, "Confidential Information") are proprietary and confidential to INNOVATIVA. You agree to: (a) protect the Confidential Information using the same degree of care You use to protect Your own most sensitive confidential information, and in no event less than a reasonable degree of care; (b) not disclose, duplicate, publish, or distribute any Confidential Information to any third party without INNOVATIVA's prior written consent; (c) immediately notify INNOVATIVA upon discovery of any unauthorized disclosure or use of the Confidential Information. Unauthorized disclosure, duplication, or distribution of any Confidential Information shall constitute a material breach of this Agreement and shall entitle INNOVATIVA to seek injunctive relief in addition to any other remedies available at law or in equity. ================================================================================ 7. THIRD-PARTY COMPONENTS ================================================================================ The Software incorporates third-party open-source components that are licensed under their own terms. A complete list of such components, their copyright notices, and their license texts is provided in the file "THIRD-PARTY-NOTICES.txt" which is installed alongside the Software in the application folder. By accepting this Agreement, You also acknowledge those third-party license terms with respect to the corresponding components. Where this Agreement conflicts with a third-party open-source license as it applies to that component, the third-party license governs that component only. Nothing in this Agreement diminishes any right You may have under any such open-source license with respect to those components. ================================================================================ 8. CRYPTOGRAPHY, EXPORT CONTROL, AND RESTRICTED JURISDICTIONS ================================================================================ The Software incorporates cryptographic functionality (including, without limitation, hashing primitives provided by the Bouncy Castle library and the Java platform) for the purpose of generating and verifying message digests. You are solely responsible for compliance with all applicable export- control, import-control, sanctions, cryptography-use, and dual-use-goods laws and regulations of every jurisdiction in which You install, use, transport, or transmit the Software or its output, including without limitation: (a) the Foreign Trade (Development and Regulation) Act, 1992, of India, and the Special Chemicals, Organisms, Materials, Equipment and Technologies (SCOMET) list, as amended from time to time; (b) the export controls of the country from which the Software was downloaded or otherwise obtained; (c) all sanctions and embargoes administered by the Government of India, the United Nations, the United States Office of Foreign Assets Control (OFAC), the European Union, the United Kingdom, or any other applicable authority. You represent and warrant that You are not located in, and will not install, use, export, re-export, or transfer the Software to, any country, region, person, or entity subject to such sanctions or embargoes, or any country or region in which the import, possession, or use of forensic analysis tools or strong cryptography is prohibited or restricted. ================================================================================ 9. DATA, PRIVACY, AND TELEMETRY ================================================================================ The Software operates locally on Your computer. It does NOT collect, transmit, or otherwise disclose Your case data, hashes, audit log, scanned file content, file paths, file metadata, hostname, license-state, system information, or any personally identifiable information ("PII") to INNOVATIVA or any third party as part of its normal operation, without Your explicit consent in each instance. Any data that may be optionally collected for debugging, crash-diagnosis, or product-improvement purposes is collected only with Your explicit prior consent, is anonymized to the extent technically feasible, and is processed in accordance with applicable data-protection laws including the Digital Personal Data Protection Act, 2023, of India, where applicable. The Software writes the following data to Your computer only: - case database (SQLite) containing Your case definitions and evidence metadata; - audit log entries (hash-chained); - snapshot files and reports that You explicitly save; - application settings, recent-files lists, and license-state file; - crash logs in the event of an unexpected error. YOU ARE SOLELY RESPONSIBLE for the lawful handling, storage, processing, retention, disclosure, and disposal of any personal data, sensitive personal data, or other regulated data that You choose to process with the Software, including obtaining any consent required under applicable data-protection law before scanning or hashing files containing such data. ================================================================================ 10. BACKUP RESPONSIBILITY ================================================================================ YOU ARE SOLELY RESPONSIBLE for maintaining current, verified, off-site, and geographically diverse backups of all data You process with the Software, including the case database, audit log, snapshots, exported reports, and configuration. INNOVATIVA shall not be liable for any loss, damage, corruption, unavailability, accidental deletion, malicious deletion, ransomware encryption, hardware failure, operating-system failure, power failure, or other destruction or unavailability of data, whether occurring during, before, or after Your use of the Software. You acknowledge that the Software does not perform automatic remote backup of Your data unless You explicitly configure and operate such backup yourself. ================================================================================ 11. OWNERSHIP AND INTELLECTUAL PROPERTY ================================================================================ The Software is LICENSED, NOT SOLD. All right, title, and interest in and to the Software, including without limitation all source code, object code, algorithms, designs, structures, schemas, file formats, logos, trademarks, trade names, documentation, screen designs, sample data, look-and-feel elements, and any improvements, modifications, derivatives, translations, or enhancements thereto, are and shall remain the exclusive property of INNOVATIVA and its licensors. This Agreement does not transfer to You any ownership interest in the Software. Any feedback, suggestions, bug reports, feature requests, or improvement ideas that You provide to INNOVATIVA regarding the Software shall be the sole and exclusive property of INNOVATIVA, and You hereby assign all right, title, and interest in such feedback to INNOVATIVA on a perpetual, irrevocable, worldwide, royalty-free basis. Except for the limited license expressly granted in Section 1, no rights are granted to You by implication, estoppel, exhaustion, or otherwise. ================================================================================ 12. ENTERPRISE, GOVERNMENT, AND REGULATED-INSTITUTION USE ================================================================================ The Software may be used by government departments, law-enforcement agencies, banks, regulated institutions, listed companies, or enterprises handling sensitive, classified, or regulated data, provided that they comply in full with every term of this Agreement and obtain the appropriate number of hostname-bound licenses (see Section 1). The user organization is SOLELY RESPONSIBLE for: (a) maintaining compliance with all applicable data-protection, cybersecurity, secrecy, archival, classification, and information- governance regulations in their jurisdiction (including, where applicable, the Reserve Bank of India circulars on IT governance, SEBI's Cyber Security and Cyber Resilience framework, CERT-In directions, and analogous frameworks in other jurisdictions); (b) ensuring that the Software is approved for use under the organization's own internal IT, security, procurement, and audit policies before deployment; (c) all decisions regarding which data to hash, snapshot, or report, and the use to which such hashes, snapshots, or reports are put; (d) obtaining any internal authorizations, judicial warrants, or regulatory clearances required for forensic examination of data under their custody. INNOVATIVA DOES NOT ACCESS OR PROCESS END-USER DATA AND DOES NOT GUARANTEE COMPLIANCE WITH INSTITUTION-SPECIFIC IT POLICIES OR THIRD-PARTY REGULATORY FRAMEWORKS. ================================================================================ 13. LICENSE COMPLIANCE AND AUDIT RIGHTS ================================================================================ INNOVATIVA reserves the right, upon reasonable prior notice, to audit Your installation, deployment, and use of the Software to verify compliance with this Agreement, including the number of hostname-bound installations. You agree to: (a) cooperate fully with such audits; (b) provide reasonable access to systems, hostnames, install logs, and records upon request, subject to Your own applicable confidentiality obligations and security policies; (c) complete and return any self-certification questionnaire reasonably requested by INNOVATIVA within thirty (30) days of receipt. IF UNLICENSED OR OVER-LICENSED USE IS DETECTED, YOU AGREE TO PAY: (i) for the unauthorized use retroactively, calculated at INNOVATIVA's then-current commercial list price for each unlicensed installation, from the date of first unauthorized use; (ii) liquidated damages equal to one hundred percent (100%) of the amount in clause (i) above, which You acknowledge to be a genuine pre-estimate of INNOVATIVA's loss and not a penalty; (iii) all costs and expenses of the audit, including reasonable attorneys' fees, where unlicensed use exceeding five percent (5%) of Your then-licensed seats is established. ================================================================================ 14. ANTI-PIRACY AND LICENSE ENFORCEMENT MECHANISMS ================================================================================ You acknowledge and consent that the Software contains technical license- enforcement and anti-tamper mechanisms, which may include without limitation: hostname binding (Section 1), a license-validity time-lock that disables or restricts functionality on or after the licensed expiry date, integrity checks on the Software's own binaries, and obfuscation of the executable code. You agree: (a) not to bypass, modify, remove, reverse-engineer, or otherwise circumvent any such mechanism; (b) that any attempt to do so shall be deemed a material breach of this Agreement, shall terminate the license automatically and without notice, and may give rise to civil and criminal liability under the Information Technology Act, 2000, of India (including Sections 43, 65, and 66), the Indian Copyright Act, 1957, and analogous laws in other jurisdictions; (c) that the existence of such mechanisms is a material inducement to INNOVATIVA's grant of the license under this Agreement. ================================================================================ 15. NO CERTIFICATION AND NO EVIDENTIARY GUARANTEE ================================================================================ You acknowledge and agree that: (a) the Software has NOT been certified by the U.S. National Institute of Standards and Technology Computer Forensics Tool Testing (NIST CFTT) program, the U.S. National Software Reference Library (NSRL), the Bureau of Indian Standards, the C-DAC Resource Centre for Cyber Forensics, or any other forensic-tool certification body, unless INNOVATIVA expressly publishes such certification in writing with respect to the version of the Software You are using; (b) INNOVATIVA makes NO REPRESENTATION OR WARRANTY that any hash, snapshot, audit-log entry, or report produced by the Software will be admissible as evidence in any judicial, quasi-judicial, administrative, arbitral, investigative, or disciplinary proceeding in any jurisdiction; (c) admissibility of digital evidence is determined by the rules of evidence of the relevant forum, by the expert qualifications of the person tendering the evidence, and by the chain-of-custody actually followed, and not by the use of the Software alone; (d) a match between two cryptographic hashes establishes mathematical identity of the input data with high probability, but does not, by itself, prove the authenticity, integrity, time, provenance, or lawful acquisition of either input; (e) You shall not represent, advertise, or imply that the Software is "court-certified", "forensically certified", "NIST-validated", or similarly accredited, unless INNOVATIVA has expressly granted You written permission to do so. ================================================================================ 16. NO SAFETY-CRITICAL OR HIGH-RISK USE ================================================================================ THE SOFTWARE IS NOT DESIGNED, MANUFACTURED, INTENDED, OR LICENSED FOR USE IN HAZARDOUS, SAFETY-CRITICAL, OR HIGH-RISK ENVIRONMENTS REQUIRING FAIL- SAFE PERFORMANCE, including without limitation the operation of nuclear facilities, aircraft navigation or communication systems, air-traffic control, direct life-support machines, medical-diagnosis devices, weapons systems, autonomous-vehicle control, or critical-infrastructure control systems, in which the failure or malfunction of the Software could lead directly to death, personal injury, environmental damage, or material property damage ("High-Risk Activities"). INNOVATIVA AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH-RISK ACTIVITIES. You agree that You will not use, and will not permit any third party to use, the Software in High- Risk Activities, and You shall indemnify INNOVATIVA for any claim arising out of such use. ================================================================================ 17. ACKNOWLEDGMENT OF CRYPTOGRAPHIC LIMITS ================================================================================ You acknowledge and agree that: (a) the cryptographic strength of any hash algorithm is a function of the algorithm and the current state of cryptanalytic research, and that algorithms believed secure at the time of release of the Software may be weakened, deprecated, or broken in the future; (b) certain algorithms supported by the Software for backward compatibility (including but not limited to MD5 and SHA-1) are KNOWN TO BE COLLISION-VULNERABLE and must not be relied upon for adversarial integrity verification; (c) INNOVATIVA assumes no obligation to remove deprecated algorithms, and the inclusion of any algorithm in the Software is not a representation by INNOVATIVA that the algorithm is suitable for any particular purpose; (d) it is Your responsibility to select an algorithm of appropriate strength for Your use case. ================================================================================ 18. REPORT WATERMARKING AND OUTPUT FINGERPRINTING ================================================================================ You acknowledge that reports, snapshots, and other documents exported by the Software may contain (i) a self-integrity hash computed over the report content, (ii) the hostname of the licensed system, (iii) the generation timestamp, (iv) the Software version, and (v) other identifiers reasonably necessary to attribute the output to a specific licensed installation. You agree: (a) not to remove, alter, or obscure such identifiers; (b) that the presence of such identifiers does not, by itself, constitute Personal Data of the operator, but where it does, Section 9 governs; (c) that these identifiers may be used by INNOVATIVA to investigate suspected breaches of this Agreement. ================================================================================ 19. DISCLAIMER OF WARRANTIES ================================================================================ TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ALL RELATED MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND DEFECTS, AND WITHOUT WARRANTY OF ANY KIND. INNOVATIVA AND ITS LICENSORS, SUPPLIERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, COURSE-OF-DEALING, USAGE-OF-TRADE, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, OR SYSTEM INTEGRATION. WITHOUT LIMITING THE FOREGOING, INNOVATIVA MAKES NO WARRANTY OR REPRESENTATION THAT: (a) the Software will meet Your requirements or that its operation will be uninterrupted, timely, secure, or error-free; (b) any defect or error in the Software will be corrected; (c) the Software, or any hash, snapshot, audit log, or report produced by it, will be admissible as evidence in any proceeding (see Section 15); (d) the Software is suitable for any specific forensic, legal, regulatory, audit, or compliance purpose; (e) the Software is free of viruses, malware, or other harmful components; (f) any data processed by, or output produced by, the Software is complete, accurate, current, or reliable. YOU ASSUME THE ENTIRE RISK AS TO THE SELECTION, USE, AND RESULTS OBTAINED FROM THE SOFTWARE. ================================================================================ 20. LIMITATION OF LIABILITY AND DATA-LOSS WAIVER ================================================================================ TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INNOVATIVA OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY: (a) DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; (b) LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITIES, GOODWILL, REPUTATION, OR ANTICIPATED SAVINGS; (c) LOSS, CORRUPTION, INACCURACY, OR UNAVAILABILITY OF DATA, FILES, AUDIT LOGS, SNAPSHOTS, REPORTS, OR EVIDENCE; (d) LOSS OF EVIDENTIARY VALUE, INADMISSIBILITY OF EVIDENCE, ADVERSE JUDICIAL OR REGULATORY OUTCOMES, OR LOSS OF PROCEEDINGS; (e) BUSINESS INTERRUPTION, COMPUTER FAILURE, OR SYSTEM MALFUNCTION; (f) COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; arising out of or related to Your use of, or inability to use, the Software, whether based on contract, tort (including negligence), strict liability, breach of statutory duty, misrepresentation, or any other legal theory, AND EVEN IF INNOVATIVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. YOU EXPRESSLY ACKNOWLEDGE THAT BY USING THE SOFTWARE'S HASHING, SNAPSHOTTING, VERIFICATION, REPORTING, OR EXPORT FEATURES YOU ASSUME FULL RESPONSIBILITY FOR THE OUTCOME, EVEN IF WARNING MESSAGES OR PROMPTS ARE PRESENTED WITHIN THE SOFTWARE. IN ANY EVENT, INNOVATIVA'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE, FOR ALL CAUSES OF ACTION IN THE AGGREGATE, SHALL NOT EXCEED THE LESSER OF: (i) THE AMOUNT YOU ACTUALLY PAID INNOVATIVA FOR THE SPECIFIC LICENSED INSTALLATION GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT FIRST GIVING RISE TO LIABILITY; OR (ii) INDIAN RUPEES ONE THOUSAND (INR 1,000). This limitation is a material part of the bargain between the parties and shall apply notwithstanding the failure of any essential purpose of any limited remedy. Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages, so some of the above limitations may not apply to You to the extent such law is mandatory. ================================================================================ 21. INDEMNIFICATION BY LICENSEE ================================================================================ You shall defend, indemnify, and hold harmless INNOVATIVA and its directors, officers, employees, agents, affiliates, licensors, and suppliers from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to: (a) Your use of the Software in violation of this Agreement or any applicable law; (b) Your processing, examination, hashing, snapshotting, or reporting of any data, evidence, or personal data using the Software; (c) any claim that the use of the Software by You infringed the rights of, or caused damage to, any third party, including without limitation any data subject; (d) any breach of Your representations, warranties, or obligations under this Agreement; (e) any tendering of Software output by You as evidence in any proceeding, including any challenge to its admissibility, weight, authenticity, or chain of custody; (f) Your use of the Software in any High-Risk Activity (see Section 16). INNOVATIVA reserves the right, at Your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify INNOVATIVA, in which case You shall cooperate fully with INNOVATIVA in asserting any available defences. ================================================================================ 22. ENFORCEMENT AND INJUNCTIVE RELIEF ================================================================================ You acknowledge that any unauthorized use, duplication, distribution, disclosure, reverse-engineering, or circumvention of license-enforcement of the Software constitutes a material breach of this Agreement and a violation of intellectual-property and computer-misuse laws, including the Indian Copyright Act, 1957, the Information Technology Act, 2000, and the Trade Marks Act, 1999. You further acknowledge that monetary damages alone would be inadequate to compensate INNOVATIVA for such breach, and that INNOVATIVA shall be entitled, in addition to any other remedies available at law or in equity, to seek and obtain immediate injunctive relief (including ex-parte injunctions, John Doe orders, Anton Piller orders, and Norwich Pharmacal orders) without the necessity of posting any bond or proving actual damages. INNOVATIVA shall be entitled to recover its costs and reasonable attorneys' fees in any successful action to enforce this Agreement. ================================================================================ 23. SUPPORT AND SERVICE COMMITMENT ================================================================================ Support is provided only to Licensees who hold a current, valid, and non-suspended license and, where applicable, a current paid support subscription. Where such support is in effect: - Support Response Time: support queries will receive an initial response within two (2) to three (3) Indian business days of receipt by INNOVATIVA; - Issue Resolution: bug reports and technical issues will be addressed and resolved within five (5) Indian business days of acceptance, subject to the complexity of the issue, reproducibility, and availability of necessary diagnostic data from You; - Software Updates: access to software updates and improvements is governed by Your subscription status and by the availability of published updates from INNOVATIVA; - Escalation Process: unresolved or high-priority issues may be escalated via email to INNOVATIVA's support team; - Support Channels: official support is provided via email, telephone, and (where eligible) remote-assistance session, based on the nature of the request and Your eligibility. THE TIMEFRAMES ABOVE ARE INDICATIVE TARGETS AND DO NOT CONSTITUTE A GUARANTEED SERVICE-LEVEL AGREEMENT. INNOVATIVA SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO MEET THESE TARGETS, WHETHER CAUSED BY FORCE MAJEURE, INSUFFICIENT DIAGNOSTIC DATA FROM YOU, COMPLEXITY OF THE ISSUE, OR ANY OTHER REASON. INNOVATIVA HAS NO OBLIGATION TO PROVIDE ANY SUPPORT, UPDATE, OR FIX TO USERS OF EXPIRED, SUSPENDED, OR UNLICENSED INSTALLATIONS, OR TO USERS WHO HAVE BREACHED ANY TERM OF THIS AGREEMENT. ================================================================================ 24. UPDATES AND MANDATORY SECURITY PATCHES ================================================================================ INNOVATIVA may, but is not obligated to, provide updates, patches, fixes, or new versions of the Software ("Updates"). Any Update provided to You shall be deemed part of the Software and subject to this Agreement, unless it is accompanied by a separate license, in which case that separate license shall govern that Update. INNOVATIVA may designate any Update as a "Mandatory Security Patch". You agree to install Mandatory Security Patches within thirty (30) calendar days of their availability. Your failure to do so shall void any warranty, support obligation, or indemnity that would otherwise apply, and INNOVATIVA shall have no liability for any loss arising out of Your continued use of an unpatched version. INNOVATIVA may at any time and without liability discontinue the Software, any feature thereof, or support for any prior version. ================================================================================ 25. MODIFICATION OF THIS AGREEMENT ================================================================================ INNOVATIVA reserves the right to modify this Agreement at any time. The modified Agreement will apply to any version of the Software released on or after the effective date of the modification, and continued use of such version constitutes acceptance of the modified Agreement. Your acceptance of an earlier version of this Agreement does not bind You to any subsequent modification until You install or use a version of the Software released under the modified Agreement. If You do not agree to a modified Agreement, Your sole remedy is to discontinue use of the affected version of the Software. ================================================================================ 26. TERM AND TERMINATION ================================================================================ This Agreement is effective from the date You first install, activate, or use the Software and continues until terminated. INNOVATIVA may terminate this Agreement immediately, without notice and without judicial intervention, if: (a) You breach any term of this Agreement; (b) Your license-validity time-lock expires (see Section 14); (c) Your subscription, where applicable, lapses or is cancelled; (d) You become insolvent, file for bankruptcy, enter into an arrangement with creditors, or cease ordinary business operations. Upon termination for any reason, You shall immediately: (i) cease all use of the Software; (ii) uninstall the Software from every system on which it is installed; (iii) destroy all copies of the Software in Your possession or control, including backup copies; (iv) upon INNOVATIVA's written request, certify in writing that You have complied with clauses (i) through (iii). The provisions of Sections 4 (Permitted Use - residual obligations), 5 (Restrictions), 6 (Confidentiality), 9 (Data, Privacy, and Telemetry - residual obligations), 11 (Ownership), 13 (License Compliance and Audit Rights - for past use), 15 (No Certification), 16 (No Safety-Critical Use), 19 (Disclaimer), 20 (Limitation of Liability), 21 (Indemnification), 22 (Enforcement), 27 (Governing Law), and 29 (General) shall survive termination of this Agreement indefinitely. ================================================================================ 27. GOVERNING LAW AND JURISDICTION ================================================================================ This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the Republic of India, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. The competent courts located in the State of Maharashtra, India, and more specifically the courts having jurisdiction over the registered office of INNOVATIVA SOFTTECH SOLUTIONS PRIVATE LIMITED, shall have exclusive jurisdiction over any dispute, controversy, or claim arising out of or in connection with this Agreement or the Software, and You hereby irrevocably submit to the personal jurisdiction of those courts and waive any objection based on inconvenient forum, lack of personal jurisdiction, or improper venue. Notwithstanding the foregoing, INNOVATIVA may seek injunctive or other equitable relief in any court of competent jurisdiction in any country in which the Software is being or threatens to be misused. ================================================================================ 28. ELECTRONIC ACCEPTANCE AND VALID SIGNATURE ================================================================================ You acknowledge and agree that: (a) Your acceptance of this Agreement by clicking "I ACCEPT", installing, activating, copying, or otherwise using the Software constitutes a valid and enforceable electronic record and electronic signature under the Information Technology Act, 2000, of India, and any analogous law in any other applicable jurisdiction; (b) the records maintained by INNOVATIVA of Your acceptance, installation, and activation of the Software shall be admissible in any proceeding and shall be conclusive evidence of such acceptance, in the absence of proof of fraud; (c) You waive any defence based on the absence of a wet-ink or digital-certificate-based signature in respect of this Agreement. ================================================================================ 29. GENERAL ================================================================================ (a) ENTIRE AGREEMENT. This Agreement, together with the file "THIRD- PARTY-NOTICES.txt" and any order form, purchase order, or commercial addendum executed between the parties, constitutes the entire agreement between You and INNOVATIVA with respect to the Software and supersedes all prior or contemporaneous communications, proposals, representations, and understandings, whether oral or written. To the extent of any conflict between this Agreement and any purchase-order terms issued by You, the terms of this Agreement shall prevail unless expressly accepted in writing by an authorized officer of INNOVATIVA. (b) SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable and consistent with the original intent of the parties, and the remaining provisions shall continue in full force and effect. (c) NO WAIVER. No failure or delay by INNOVATIVA in exercising any right, power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise preclude any further exercise of that or any other right, power, or privilege. (d) ASSIGNMENT. You may not assign, sublicense, or transfer this Agreement or any rights or obligations granted hereunder, in whole or in part, by operation of law, merger, acquisition, change of control, or otherwise, without the prior written consent of INNOVATIVA. Any attempted assignment without such consent is void. INNOVATIVA may freely assign this Agreement, in whole or in part, to any successor or affiliate. (e) FORCE MAJEURE. INNOVATIVA shall not be liable for any delay or failure to perform any obligation under this Agreement to the extent such delay or failure is caused by events beyond its reasonable control, including but not limited to acts of God, war, terrorism, insurrection, riot, embargo, sanctions, government action, pandemic, epidemic, natural disaster, internet or telecommunications failure, power failure, or third-party labour disputes. (f) NOTICES. Notices to INNOVATIVA under this Agreement shall be delivered in writing to the registered office address of INNOVATIVA, or to such other address as published from time to time at https://innovativasofttech.com/. Notices to You may be delivered via the Software, by email to the address on file, or by any other reasonable means. (g) RELATIONSHIP. The parties are independent contractors. Nothing in this Agreement creates any agency, partnership, joint venture, employment, or fiduciary relationship between the parties. (h) THIRD-PARTY BENEFICIARIES. There are no third-party beneficiaries of this Agreement, except that the licensors and suppliers of INNOVATIVA are intended third-party beneficiaries of the disclaimers and liability limitations herein. (i) LANGUAGE. This Agreement is executed in the English language. Any translation provided for convenience does not modify the English text, which governs in case of inconsistency. (j) HEADINGS. Section headings are for convenience only and do not affect interpretation. (k) SURVIVAL. The sections identified in Section 26 as surviving termination, together with any other provision that by its nature is intended to survive, shall survive termination of this Agreement. ================================================================================ 30. CONTACT ================================================================================ INNOVATIVA SOFTTECH SOLUTIONS PRIVATE LIMITED Registered Office: State of Maharashtra, Republic of India Website: https://innovativasofttech.com/ ================================================================================ ACKNOWLEDGMENT ================================================================================ BY INSTALLING, ACTIVATING, COPYING, OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS IN THEIR ENTIRETY, INCLUDING THE LIMITATIONS OF LIABILITY (SECTION 20), THE DATA-LOSS WAIVER (SECTION 20), THE INDEMNIFICATION (SECTION 21), THE WAIVER OF CLASS ACTIONS (SECTION 5(g)), THE HOSTNAME BINDING (SECTION 1), AND THE EXCLUSIVE JURISDICTION OF THE COURTS OF MAHARASHTRA, INDIA (SECTION 27). ================================================================================ (c) 2025 INNOVATIVA SOFTTECH SOLUTIONS PRIVATE LIMITED. ALL RIGHTS RESERVED. ================================================================================ END OF END-USER LICENSE AGREEMENT ================================================================================