ThinLinc subscription agreement

THINLINC SUBSCRIPTION AGREEMENT
Last updated 1 July 2025

This agreement ("Agreement") describes the terms and conditions
associated with upgrades and support for ThinLinc ("Program").


1.      User licenses

1.1     Customer shall acquire and pay for such number of user licenses
and for such subscription period that the parties have agreed through the
Licensor’s offer and Customer’s purchase order or by separate agreement.

1.2     Customer is entitled to receive user licenses for any new version
of the Program released during the period that this Agreement is valid.
Updated user licenses will be delivered within two Business Days
from the time the request has been received by Licensor.

1.3     Licensor is free to deny any request for user licenses if the
Customer has already received user licenses for the requested version of
the Program. Licensor is also free to deny requests for a greater number
of user licenses than those specified in the offer and Customer purchase
order.


2.      Support

2.1     Licensor will provide support services for resolving technical
problems in the Program. Support is given in English only unless the
Customer is in a location where localised support has been made
available by Licensor.

2.2     Support requests will be handled and support services given by
Licensor during office hours, 08:00 CET to 17:00 CET, on Business Days.
With "Business Days" is meant Monday through Friday, excluding Swedish
public holidays.

2.3     If Customer has purchased a "ThinLinc Standard Subscription",
support services will be provided remotely by email. Licensor will
respond to a new support request within two (2) Business Days.

2.4     If Customer has purchased a "ThinLinc Premium Subscription",
support services can also be provided by telephone. The time and date
for such calls must be agreed upon with Licensor’s support engineer(s) by
email. A support request associated with a "ThinLinc Premium
Subscription" is given priority over other support requests and Licensor
will respond to a new support request within one (1) Business Day.

2.5     Licensor requires remote access to Customer's system to analyze
and resolve problems. Customer will be informed prior to Licensor's
conduct of any remote service. Licensor may provide Customer with software
to assist with diagnosis and/or resolution of the problem. Any
information reviewed by Licensor shall be deemed as confidential in
accordance with Section 6 below. In the event Customer does not provide
Licensor with remote access, Licensor is not responsible for such support
issue, but will use reasonable efforts to resolve the issue remotely.

2.6     In situations where Licensor cannot provide a satisfactory
resolution to Customer's critical problem through normal support methods,
Licensor may engage its Program development team to create a so called
hotfix to the Program. Licensor retains all right, title and interest in
and to such hotfixes. Hotfixes are designed to address a specific
Customer situation and may not be distributed by Customer outside
Customer organization, without prior written consent from Licensor.
Limited regression testing is performed on hotfixes. Hotfixes can be
released as updates to other customers. Licensor is free to limit the
amount of resources devoted to developing a hotfix and does not
guarantee that a hotfix will be delivered within a certain time.

2.7     Licensor's performance is subject to Customer's fulfillment of the
following responsibilities:

    a)  Customer may be asked by Licensor to perform certain problem
        determination activities. These activities may include performing
        network traces, capture error messages and collecting
        configuration information. Customer may also be requested to
        perform problem resolution activities including changing product
        configurations, installing new versions of software or new
        components, or modifying processes. Customer agrees to fulfill
        such requests.

    b)  Customer is responsible for implementing backup and other
        procedures necessary to safeguard the software and data from
        unauthorized access and to reconstruct lost or altered files
        resulting from system failures.

    c)  Customer is responsible for procuring, installing and maintaining
        all equipment, telephone lines, communications interfaces, and
        other hardware in Customer's IT- environment and for providing
        Licensor with access to such Customer facilities required to
        operate the Program and permitting Licensor to perform support
        according to this Agreement.

3.      Exclusions

3.1     Licensor is not required to provide any support services relating
to problems arising out of (i) Customer's failure to implement all
currently available Upgrades to the Program; (ii) changes to the
operating system or IT- environment which adversely affects the Program;
(iii) any alterations of or additions to the Program performed by parties
other than Licensor; (iv) use of the Program on other CPU and peripherals
than for which the Program is designed and licensed; or (v) use of the
Program on other operating systems than the Program is licensed for; or
(vi) versions of the Program released more than three years ago. By
"Upgrades" is meant any new versions, updates, or hotfixes of the Program.
Technical Support does not include development work on software not licensed
from Licensor or development work for enhancements or functions that are
outside the documented functionality of the Program.


4.      Warranty and Limitation of Liability

4.1     Licensor will use all reasonable commercial efforts to provide the
support requested by Customer under this Agreement in a professional and
workmanlike manner, but Licensor cannot guarantee that every issue or
problem raised by Customer will be resolved or guarantee a certain
resolution time. Licensor makes no warranties beyond what is explicitly
stated in this Agreement.

4.2     The limitation of liability clause of the Program End-User
License Agreement (the “EULA”) shall apply also to this Agreement.


5.      Term and Termination

5.1     This Agreement is valid for the agreed subscription period.
If there is no period specified then this Agreement will be valid for one (1) year. 
If the Agreement is not prolonged or if the fees for the agreed subscription
is not paid when due, the user licenses will cease to be valid. Customer shall
then cease using the Program and shall deinstall the Program from any
computers, servers or other equipment.

5.2     if Customer has terminated the Agreement, or if the Agreement term
has expired, or if the user licenses have ceased to be valid, Licensor may,
but is not obliged to, at Customer’s request, enter into a new Subscription
Agreement with Customer, subject to Customer’s payment of a reinstatement fee.

5.3     Either party may at its option terminate this Agreement immediately
upon written notice in the event that the other party: (a) breaches any
term of this Agreement, which breach remains uncured for a period of
30 (thirty) days after written notice of such breach by the other party;
or (b) becomes insolvent or asserts that it is insolvent, fails to make
any payments as they become due, institutes or has instituted against it
any proceeding, arrangement, receivership or assignment for the benefit
of creditors, or files or has filed against it any petition under
applicable bankruptcy laws.


6.      Confidentiality

6.1     Licensor may through this Agreement have access to certain
information which Customer deems confidential. Licensor shall for a period
of two (2) years from the date of receipt of confidential information
maintain such information confidential in the same manner and to the same
extent as Licensor protects its own confidential information of like kind
or similar nature. Licensor shall only disclose confidential information to
those of Licensor's employees who have a direct need to know this
information. Licensor shall maintain confidentiality through confidentiality
agreements with the employees and other appropriate measures. Upon
request by Licensor, Customer shall advise whether it considers any
particular information to be confidential.

6.2     The provisions of this Section 6 shall not apply to information:
(i) which is or becomes available to the public other than by breach of
this Agreement or of any other duty; (ii) which is already in Licensor's
possession prior to disclosure by Customer; (iii) which Licensor has
received from a third party without restrictions as to confidentiality; or
(iv) is developed by Licensor independently from Customer's information.


7.      General Provisions

7.1     Modifications of this Agreement, or waiver of any rights, shall
be effective only in writing.

7.2     The waiver of a breach of agreement shall not constitute a waiver
of any other right in this Agreement or of the right to call attention to
any subsequent breach of agreement.

7.3     All notices concerning this Agreement shall be in writing, and
shall be delivered personally, by e-mail or by registered letter. Notice
will be deemed served a) at the time of delivery, if delivered
personally, b) the next Business Day, if delivered by e-mail during
normal office hours, or c), five (5) Business Days after mailing, if
sent by post.

7.4     Neither party shall be liable for any damage or loss resulting
from causes beyond such party's reasonable control.

7.5     This Agreement constitutes the entire agreement between the
parties hereto with respect to Upgrades and support services for the
Program.

7.6     The terms of this Agreement supersede any possible contrary or
additional terms in any Customer-issued purchase order or other
documentation.

7.7     Customer shall not assign its rights or obligations under this
Agreement without the prior written consent from Licensor, which is not to
be unreasonably withheld.

7.8     This Agreement shall be subject to the applicable governing law
and dispute resolution of the EULA.