Hackolade End User License Agreement Version 2.8.4, June 2026

Terms and conditions

This Agreement applies to Hackolade Studio for Evaluation, Community, Personal, Viewer, Reviewer, Professional, and Workgroup Editions, as well as the Hackolade Data Model Hub. Other Hackolade products are covered by other agreements, as specified on https://hackolade.com/eulas.html

Product may be provided as a fixed-term subscription, a perpetual license, or another license type identified in an Order. The Order identifies whether license rights are term-based or perpetual and any applicable edition, quantity, metric, territory, term, Software Updates, or other limitations. A fixed-term license allows Licensee to use the Product only during the specified license term, subject to payment and compliance with this Agreement. At the end of the license term, Licensee must stop using the Product, renew or extend the license term, or purchase new licenses. A perpetual license allows Licensee to use the version of the Product licensed under the Order for as long as Licensee complies with this Agreement, but Software Updates and other subscription benefits are available only during the applicable Software Updates subscription period.

Patent US 111,000,59 B2 "METHOD AND SYSTEM TO GRAPHICALLY MODEL SCHEMAS FOR NOSQL DOCUMENT DATABASES AND REST API’S" with its continuation patent US 12,242,436 B2 “Construction of Database Schema Models for Database Systems and REST API's”.

Definitions

Hackolade means IntegrIT SA/NV, doing business as Hackolade, a Belgian company with company number BE 0477.231.387 and registered office at Zwaluwenlaan 16, 1650 Beersel, Belgium.

Affiliate means an entity that directly or indirectly controls, is controlled by, or is under common control with a party, but only for so long as such control exists. "Control" means ownership of more than fifty percent (50%) of the voting interests or the legal power to direct management.

Authorized Machine means a physical or virtual computer, workstation, server, virtual desktop, container, or other computing environment on which the Product is installed, activated, accessed, or executed, subject to the applicable License metric and Order.

Authorized Reseller means an entity authorized by Hackolade to distribute and resell the Product to end-users in accordance with the terms of this Agreement.

Authorized Use means the permitted edition, quantity, metric, term, territory, scope, deployment method, Authorized Machines, Authorized Users, and other usage limitations for the Product, as specified in the applicable Order and this Agreement.

Authorized User means a person or user account who is licensed to use the Product, regardless of whether that person is an employee, contractor, subcontractor, vendor, partner or customer of the Licensee.

Commencement Date means the date when Licensee first installs Product for the first time.

Customer Content means data, data models, schemas, metadata, files, repositories, credentials, configurations, prompts, outputs, or other content that Licensee or Authorized Users create, import, store, process, access, connect to, or use with the Product.

Documentation means the user documentation, release notes, technical information, eLearning platform, and other Product materials made available by Hackolade, including online documentation, as updated from time to time.

Order means a quote, invoice, receipt, purchase order accepted by Hackolade, online checkout record, reseller order accepted by Hackolade, or other written ordering document that identifies the Product, edition, quantity, License metric, term, fees, Software Updates, and any special conditions accepted by Hackolade.

License means the limited right to use the Product as defined by Authorized Use. Unless the Order specifies another metric, the License metric is per seat, meaning that each Authorized User requires a separate License. A License may be technically activated, bound, or validated by reference to an Authorized User, Authorized Machine, device identifier, license key, or other license-management mechanism. When the Product is accessed remotely, through a terminal server, remote desktop, Windows App, virtual machine, Citrix, browser deployment, shared workstation, or equivalent method, a separate License seat is required for each Authorized User and, where applicable, each device from which the Product is used or accessed, unless the Order expressly states otherwise.

Licensee means the individual or legal entity identified in the applicable Order as the customer or licensee. Affiliates, subsidiaries, contractors, consultants, outsourcing providers, and other third parties may use the Product only if and to the extent expressly permitted by the Authorized Use and this Agreement. Licensee is responsible for all use of the Product by such persons or entities.

Product means the Hackolade software product, edition, module, connector, documentation, license key, and Software Updates, if any, made available by Hackolade to Licensee under an Order and this Agreement. Product excludes Customer Content, third-party services, and open source software except to the extent such open source software is included with the Product. For clarity, Hackolade does not provide implementation, data migration, conversion, training, custom development, onsite assistance, managed operation, hosting, outsourcing, or other professional services under this Agreement.

Protected Code means any source code, object code, scripts, algorithms, license-management mechanisms, technical protection measures, and other non-public components of the Product that are protected by copyright, trade secret, patent, or other intellectual property rights, and that Hackolade has not expressly made available for access, modification, or redistribution.

Software Updates Subscription Start Date, in the case of perpetual licenses, means the beginning date of the subscription period for Authorized Use of Software Updates, as designated in the Quote/Receipt/Invoice issued by Hackolade, or the Invoice date if no beginning date is specified.

Subscription means a fixed-term, non-cancellable license that grants Licensee the right to use the Product and receive Software Updates during the applicable subscription term, subject to payment, Authorized Use, and compliance with this Agreement.

No Warranty

To the maximum extent permitted by applicable law, and except for any express warranty stated in an Order signed by Hackolade or the limited malware representation expressly stated in this Clause 4, the Product is provided on an “as is” basis without warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of performance, merchantability, fitness for a particular purpose, title, non-infringement, uninterrupted operation, or error-free, complete, accurate, or correct operation. Hackolade provides evaluation copies of the Product so that Licensee can assess suitability before purchase.

Hackolade represents that, at the time the Product is made available by Hackolade through its official distribution channels, and to Hackolade’s knowledge after commercially reasonable scanning and release procedures, the executable components of the Product do not contain any virus, worm, Trojan horse, ransomware, spyware, logic bomb, time bomb, back door, or other malicious code designed to disable, damage, erase, disrupt, impair, or permit unauthorized access to software, hardware, systems, networks, or data.

For clarity, the foregoing limited representation does not apply to: (a) license activation, license validation, copy-protection, usage-control, or update mechanisms disclosed by, or inherent in, the Product; (b) code, scripts, configurations, data, models, plug-ins, integrations, environments, or third-party components not supplied by Hackolade; (c) alerts, warnings, or classifications generated by third-party security tools where the relevant behavior is attributable to legitimate Product functionality; or (d) issues introduced after delivery by Licensee, its users, its environment, or any third party.

Nothing in this Agreement limits any mandatory statutory rights that cannot be excluded by contract.

Hackolade’s Obligations

Upon receipt of the applicable fees from Licensee, or as otherwise agreed in an Order, Hackolade will make the Product available by electronic download and provide the applicable license key, activation credentials, or other access method. Hackolade does not deliver physical media, printed documentation, hosting, managed operation, implementation, data migration, conversion, training, custom development, onsite assistance, or other professional services under this Agreement. Any informal guidance provided by Hackolade is ancillary to the Product and does not change the Product into a service offering.

Software Updates

Software Updates means minor-version updates, patch releases, bug enhancements, fixes, and corrections for the Product that Hackolade makes generally available to customers for the same edition during the applicable subscription or Software Updates period. Software Updates do not include separately priced modules, connectors, products, implementation, data migration, conversion, training, custom development, managed operation, hosting, onsite assistance, work product created specifically for Licensee, or third-party systems unless Hackolade expressly states otherwise.

For subscriptions, Software Updates are included during the paid subscription term and may be downloaded from the Hackolade website or otherwise made available by Hackolade. Licensee has no right to receive Software Updates after the subscription term expires or is terminated.

For perpetual licenses, the right to receive and use Software Updates is subject to purchase and payment of the applicable annual Software Updates subscription. If the Software Updates subscription expires or is not renewed, Licensee may continue to use the last Product version licensed before expiry, subject to this Agreement, but may not receive or use later Software Updates unless renewed or separately purchased.

Licensee Obligations

Hackolade may authorize Authorized Resellers to market and distribute licenses of the Product to Licensees, provided that Licensee accepts and remains bound by this Agreement before installing, activating, or using the Product. Authorized Resellers may not modify this Agreement or make warranties, commitments, refunds, credits, or other obligations on behalf of Hackolade unless Hackolade expressly agrees in writing.

Purchases through an Authorized Reseller are governed by this Agreement. Purchases or purported purchases through an unauthorized reseller, marketplace, broker, or other third party do not create any license rights unless Hackolade confirms the license in writing or issues a valid license key.

Licensee must at all times: (a) ensure that only Authorized Users use the Product and only for Authorized Use in accordance with this Agreement; (b) maintain accurate records sufficient to demonstrate compliance with the License and Authorized Use; (c) protect license keys, activation credentials, installers, and license-management information from unauthorized access, disclosure, or use; (d) promptly notify Hackolade in writing if Licensee becomes aware of unauthorized use, disclosure, copying, distribution, or compromise of the Product, license keys, or activation credentials; and (e) comply with applicable laws and third-party terms in connection with Licensee's use of the Product and Customer Content.

Unauthorized Use or Distribution

Licensee may not, whether by act or omission, directly or indirectly copy, distribute, publish, disclose, make available, rent, lease, lend, share, provide, or otherwise transfer the Product, installers, license keys, activation credentials, or access to the Product to any third party other than Authorized Users within Authorized Use.

Investigation of Unauthorized Use and Distribution

During the term of this Agreement and for two (2) years thereafter, Licensee will maintain records reasonably sufficient to verify compliance with Authorized Use. If Hackolade reasonably suspects unauthorized use, distribution, or other material non-compliance, Hackolade may, no more than once per calendar year unless material non-compliance is found, request a written certification of compliance signed by an authorized representative of Licensee or, where reasonably necessary, an independent audit at Licensee's expense. Any audit will be conducted during normal business hours, on reasonable notice, and in a manner designed to minimize disruption. If an audit reveals under-licensing or material non-compliance, Licensee will promptly purchase the necessary licenses, pay applicable fees, reimburse reasonable audit costs, and cure the non-compliance.

Licensee’s Restrictions

Licensee will not, and will not permit any person to, without Hackolade's prior written consent, which may be withheld in Hackolade's sole discretion and may be subject to conditions:

1. decompile, reverse engineer, disassemble, analyze, modify, adapt, translate, convert, create derivative works from, bypass technical protection measures in, or otherwise attempt to derive the source code, algorithms, structure, sequence, organization, or Protected Code of the Product, except to the limited extent mandatory applicable law expressly permits such activity notwithstanding this restriction;
2. sell, sublicense, redistribute, reproduce, transmit, circulate, disseminate, make available, host, outsource, lease, rent, lend, share, timeshare, provide service-bureau or managed-service access to, or otherwise commercialize the Product, except as expressly permitted for Authorized Use;
3. vary, exceed, circumvent, or amend the Authorized Use, License metric, activation limits, technical protection measures, or license-management mechanisms without Hackolade's prior written approval;
4. remove, obscure, alter, publish, promote, broadcast, circulate, or publicly refer to any Hackolade name, trade name, trademark, service mark, logo, copyright notice, patent notice, proprietary rights notice, Product roadmap, pricing, benchmark, security finding, or non-public Product information, except as expressly permitted in this Agreement or by Hackolade in writing;
5. use the Product in any manner that is unlawful, infringes third-party rights, violates privacy or data protection laws, damages or is reasonably likely to damage Hackolade's reputation, or has or could reasonably be expected to have a material adverse effect on Hackolade's interests;
6. use the Product to develop, train, benchmark, or improve a competing product or service, or permit a competitor of Hackolade to access or use the Product;
7. publish or disclose performance, benchmark, comparison, vulnerability, penetration test, or security analysis results relating to the Product without Hackolade's prior written consent, except to the extent disclosure is required by mandatory law after reasonable notice to Hackolade;
8. use the Product to process Customer Content for which Licensee lacks sufficient rights or in a manner that violates applicable law, third-party rights, or third-party terms; or
9. remove, alter, or obscure any copyright, patent, trademark, confidentiality, proprietary rights, or license notices in the Product or Documentation.

Licensee must not modify, alter, disable, interfere with, misrepresent, or circumvent Product license protection, activation, license administration, security, or technical protection features, or any mechanism designed to manage or protect Hackolade's intellectual property rights, Authorized Use, or Product use rules.

Term

The term of this Agreement begins on the Commencement Date and continues until terminated in accordance with Clause 12. A Subscription license automatically expires at the end of the applicable subscription term unless renewed. Expiry of a Subscription does not require notice of termination.

Termination

Licensee may terminate this Agreement at any time by permanently uninstalling and destroying all copies of the Product in its possession or control and ceasing all use. Either party may terminate this Agreement if the other party commits a material breach and fails to cure such breach within thirty (30) days after written notice. Hackolade may terminate immediately, or suspend license activation and access to Software Updates or other Product benefits, if Licensee breaches Clauses 2, 8, 10, 15, 26, or any other provision where immediate action is reasonably necessary to protect Hackolade's intellectual property, security, legal compliance, or license-management systems. Upon termination or expiry, Licensee must stop using the Product, uninstall and destroy all copies, and certify destruction upon request. Termination does not entitle Licensee to any refund except as expressly stated in this Agreement or required by mandatory law.

Hackolade may discontinue or end-of-life the Product, an edition, module, connector, or feature at any time by announcing an End-of-Life date on the Hackolade website or otherwise notifying affected customers. Unless otherwise stated, the End-of-Life date will be at least twelve (12) months after the announcement date for paid subscriptions. Hackolade will honor paid subscriptions and paid Software Updates periods until the End-of-Life date or refund prepaid unused fees for the affected post-End-of-Life period. For perpetual licenses, End-of-Life terminates Hackolade's obligation to provide further Software Updates for the discontinued Product, but does not terminate Licensee's existing perpetual right to use the last licensed version, subject to this Agreement

Clauses 1, 4, 8-10, 12-17, 19-22, 24-32, and any payment obligations accrued before termination shall survive any termination or expiry of this Agreement.

Infringement Indemnification

1. Subject to Clause 14 and the exclusions below, Hackolade will defend Licensee against any third-party claim brought against Licensee alleging that the Product, when used as supplied by Hackolade and within Authorized Use, directly infringes a third-party patent, copyright, trademark, or trade secret (an "IP Claim"), and will pay damages, costs, and reasonable attorneys' fees finally awarded by a court of competent jurisdiction or agreed in a settlement approved by Hackolade. Hackolade's obligations apply only if Licensee: (i) promptly notifies Hackolade in writing of the IP Claim; (ii) gives Hackolade sole control of the defense and settlement; (iii) does not admit liability or settle without Hackolade's prior written consent; and (iv) provides reasonable assistance at Hackolade's expense. Hackolade may settle an IP Claim without Licensee's consent if the settlement contains a full release of Licensee and does not require Licensee to admit fault or pay amounts not indemnified by Hackolade. This Clause 13 states Hackolade's sole liability and Licensee's exclusive remedy for any alleged or actual infringement by the Product.
2. If the Product becomes, or in Hackolade's opinion is likely to become, the subject of an IP Claim, Hackolade may, at its option: (i) procure for Licensee the right to continue using the Product; (ii) replace or modify the Product so it becomes non-infringing and materially similar in functionality; or (iii) terminate the affected License and refund prepaid unused Subscription Fees for the affected Product, or for perpetual licenses, the amount paid for the affected Product during the twelve (12) months before the claim, subject in all cases to Clause 14.
3. Hackolade will have no obligation for any IP Claim to the extent based on: (i) use of a superseded or modified release if infringement would have been avoided by using a current release made available by Hackolade; (ii) combination, operation, or use with software, hardware, data, content, processes, services, or systems not provided by Hackolade; (iii) modification by anyone other than Hackolade or without Hackolade's written authorization; (iv) use outside Authorized Use or in breach of this Agreement; (v) Customer Content, third-party content, open source software, or third-party services; (vi) specifications, instructions, configurations, or requirements provided by Licensee; or (vii) continuing use after Hackolade has provided a non-infringing replacement, modification, or termination notice.
4. Licensee will defend and indemnify Hackolade against any third-party claim arising from Customer Content, Licensee's modifications, combinations, configurations, instructions, use outside Authorized Use, breach of this Agreement, or violation of law or third-party rights, subject to procedures substantially similar to those in Clause 13(a).
5. The remedies in Clause 13 are exclusive and are subject to the limitations, exclusions, and liability caps in Clause 14

Limitation of Liability

To the maximum extent permitted by applicable law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, punitive, or similar damages, or for loss of profits, revenue, goodwill, business opportunity, anticipated savings, data, Customer Content, or use, whether arising in contract, tort, statute, or otherwise, even if advised of the possibility of such damages. Except for Licensee's payment obligations, unauthorized use or distribution of the Product, breach of Clauses 8, 10, 15, or 26, or infringement or misappropriation of Hackolade's intellectual property rights, each party's aggregate liability arising out of or relating to this Agreement or the Product will not exceed the amounts paid by Licensee to Hackolade for the affected Product during the twelve (12) months preceding the event giving rise to liability. For free, evaluation, trial, Community, Personal, or other no-charge licenses, Hackolade's aggregate liability will not exceed EUR 100. The limitations in this Clause apply to all claims and remedies, including indemnity obligations, to the maximum extent permitted by applicable law. Nothing in this Agreement limits liability that cannot be limited under mandatory applicable law.

Ownership / Intellectual Property

This Agreement grants only limited license rights to use the Product and does not transfer ownership. Hackolade and its licensors retain all rights, title, and interest in and to the Product, Documentation, Software Updates, Protected Code, license-management mechanisms, trademarks, patents, copyrights, trade secrets, know-how, and other intellectual property. Licensee retains ownership of Customer Content and data models created by Licensee with the Product. Hackolade may use feedback, suggestions, enhancement requests, or recommendations provided by Licensee without restriction or obligation, provided Hackolade does not disclose Licensee's confidential information in doing so.

Open Source Code

The Product may include open source software components. Such components are licensed under their respective open source licenses, not under this Agreement, to the extent required by those licenses

1. Hackolade will make open source notices and license information available in the Product, documentation, notice files, website, or upon reasonable request. Licensee is responsible for complying with any open source license terms that apply directly to Licensee's use, copying, or redistribution of such components.
2. Hackolade does not grant Licensee any rights to redistribute the Product or any open source components except as expressly permitted by this Agreement and the applicable open source licenses.
3. To Hackolade's knowledge, the Product as distributed by Hackolade does not include open source components under terms that require Licensee to disclose, license, or distribute Licensee's own source code merely because Licensee uses the Product internally.

If an Exhibit A is provided, it is for notice purposes and may be updated from time to time. Failure to list a component in Exhibit A does not expand Licensee's rights or reduce Licensee's obligations under the applicable open source license.

Publicity Rights

1. Unless Licensee opts out under Clause 17(b), Licensee grants Hackolade the right to identify Licensee by name and logo as a customer in Hackolade's customer lists, website, presentations, and promotional materials, without implying endorsement or disclosing non-public terms.
2. Licensee may opt out of future public references by sending a written request by email to info@hackolade.com. The opt-out is effective upon Hackolade's receipt of the request for references not yet published or committed.
3. If Licensee is already included in Hackolade promotional materials, Licensee may request removal by email to info@hackolade.com. Hackolade will remove Licensee's name and logo from materials under Hackolade's control within thirty (30) days after receipt of the request, but is not required to recall, destroy, or modify materials already printed, distributed, archived, cached, or controlled by third parties.

Artificial Intelligence

Hackolade does not develop or train general-purpose language models as part of the Product. Hackolade does not use Customer Content to train artificial intelligence models. If Hackolade includes, connects to, or enables a Product feature that uses artificial intelligence or machine learning (an "AI Feature"), Hackolade may make such AI Feature optional, configurable, or available only after activation by Licensee. Licensee is responsible for deciding whether to enable AI Features, for reviewing inputs and outputs, and for ensuring that its use of AI Features complies with applicable law, internal policies, and third-party terms. AI-generated output may be inaccurate, incomplete, biased, or unsuitable for a particular purpose and must not be relied on as a substitute for professional judgment, legal compliance review, security review, or human validation.

No Assignment or Amendment

Licensee may not assign, transfer, novate, delegate, or amend this Agreement or any License without Hackolade's prior written consent, except that Licensee may assign this Agreement as part of a merger, acquisition, corporate reorganization, or sale of substantially all assets if: (a) Licensee gives Hackolade written notice within ninety (90) days after closing; (b) the assignee is not a direct competitor of Hackolade; (c) the assignee agrees to be bound by this Agreement; and (d) the assignment does not expand Authorized Use. Any attempted assignment in violation of this Clause is void. Hackolade may assign this Agreement, in whole or in part, without Licensee's consent, including to an Affiliate, successor, acquirer, or purchaser of assets.

Tax

Fees are exclusive of taxes, duties, levies, assessments, withholding, VAT, GST, sales, use, excise, import, digital services, and similar taxes, except taxes based on Hackolade's net income. Licensee is responsible for all such taxes arising from the purchase, license, delivery, or use of the Product, including use taxes or self-assessment obligations imposed on Licensee. If Licensee is required by law to withhold or deduct taxes from payments to Hackolade, Licensee will increase the payment so that Hackolade receives the amount it would have received without the withholding or deduction, unless prohibited by law. Hackolade will provide reasonable tax documentation requested by Licensee to support exemptions, refunds, credits, or treaty relief, but Licensee remains responsible for timely providing valid exemption certificates or tax information before invoicing where applicable.

Governing Law

This Agreement is governed by the laws of Belgium, excluding conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods. Subject to any mandatory rights that cannot be waived by contract, the parties irrevocably submit to the exclusive jurisdiction of the competent courts of Brussels, Belgium. If Licensee is a consumer under mandatory applicable law, nothing in this Clause deprives Licensee of mandatory consumer protections or jurisdiction rights that cannot be waived.

Attorneys Fees

To the extent permitted by applicable law, the prevailing party in any legal action relating to this Agreement will be entitled to recover its reasonable attorneys' fees, court costs, and litigation expenses incurred in connection with such action as part of the same proceeding.

Counterparts / Signatures

Licensee may accept this Agreement by clicking acceptance, downloading, installing, activating, accessing, or using the Product, or by signing or accepting an Order that references this Agreement. Electronic acceptance, electronic signatures, scanned signatures, and counterparts have the same legal effect as originals.

No Waiver

A party's failure or delay in exercising any right or remedy under this Agreement does not waive that right or remedy. A waiver is effective only if in writing and signed by the party granting the waiver, and only for the specific instance stated.

Notices

Hackolade may give notice by posting a general notice on the Hackolade website, by email to Licensee's email address on record, through the Product or license-management system, or by postal mail to Licensee's address on record. Notices from Hackolade are deemed given forty-eight (48) hours after posting or mailing, or twelve (12) hours after sending by email or Product notice. Licensee may give notice to Hackolade by registered postal mail, internationally recognized courier, or email to info@hackolade.com or another notice address published by Hackolade. Notices of breach, termination, indemnity claims, legal proceedings, or assignment must be sent by registered postal mail or internationally recognized courier, with a copy by email where possible.

Export Controls and Sanctions

Licensee agrees that the Product, license keys, and technical data will not be exported, re-exported, transferred, accessed, or used in violation of applicable export control, sanctions, customs, or trade laws and regulations, including those of the European Union, Belgium, the United States, and any jurisdiction where Licensee uses the Product. Licensee represents that it is not located in, organized under the laws of, or ordinarily resident in any embargoed or sanctioned country or territory, and is not listed on any restricted party, denied party, sanctions, or similar list. Licensee is responsible for obtaining any required export, import, or use authorizations and for ensuring that Authorized Users comply with this Clause.

Customer Environment, Customer Content, and No Hosted Service

The Product is licensed software. Unless a separate written agreement expressly states otherwise, Hackolade does not host, operate, administer, process, store, back up, transmit, or control Customer Content for Licensee. Licensee is responsible for its own systems, repositories, credentials, access rights, backups, retention, security, compliance, and use of the Product. If Licensee chooses to connect the Product to databases, repositories, APIs, AI providers, Git providers, cloud platforms, license-management providers, or other third-party systems, Licensee is responsible for obtaining rights, configuring access, and complying with applicable laws and third-party terms. Hackolade is not responsible for Customer Content or for third-party systems, outages, changes, security, availability, or terms.

Confidentiality, Feedback, and License Administration Information

Licensee must keep license keys, activation credentials, non-public Product information, non-public Documentation, pricing, security findings, benchmarks, roadmaps, and other non-public Hackolade information confidential and may use them only for Authorized Use. Hackolade may use feedback, suggestions, enhancement requests, or recommendations without restriction or obligation, provided Hackolade does not disclose Licensee's confidential information. Hackolade may collect and use limited account, license administration, diagnostic, security, and usage information to provide, secure, license, improve, and update the Product, in accordance with Hackolade's privacy policy and applicable law. Hackolade does not claim ownership of Customer Content.

Product Updates; No Services

Hackolade's response to bugs, defects, requests, or enhancements is provided, if warranted, through Software Updates that Hackolade makes generally available for the Product. Hackolade has no obligation to provide customer-specific fixes, patches, workarounds, implementation, configuration, data migration, conversion, training, custom development, onsite assistance, managed operation, hosting, outsourcing, uptime commitments, response-time commitments, or work product created specifically for Licensee. Informal technical, product, or configuration guidance does not create any such obligation and does not change the Product into a service offering.

Force Majeure

Neither party will be liable for delay or failure to perform, other than payment obligations, caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, internet or telecommunications failures, cloud or third-party system outages, government action, sanctions, epidemics, pandemics, power failures, denial-of-service attacks, or supply-chain disruptions.

Order of Precedence; Customer Terms

If there is a conflict between this Agreement and an Order accepted by Hackolade, the Order controls only for the specific conflicting term and only for that Order. Any terms in Licensee's purchase order, vendor portal, procurement terms, security exhibit, online terms, or other customer document are rejected and have no effect unless Hackolade expressly accepts them in a written agreement signed by an authorized representative of Hackolade. Hackolade's provision of the Product or acceptance of payment does not constitute acceptance of any customer terms.

Entire Agreement; Severability; No Third-Party Beneficiaries

This Agreement, together with the applicable Order and any documents expressly incorporated by reference, is the entire agreement between Hackolade and Licensee regarding the Product and supersedes all prior or contemporaneous agreements, proposals, discussions, or representations regarding the Product. If any provision is held invalid, illegal, or unenforceable, the remaining provisions remain in effect and the provision will be enforced to the maximum extent permitted or replaced by a valid provision that most closely reflects the original intent. Except for Hackolade's licensors and suppliers with respect to their intellectual property rights, there are no third-party beneficiaries of this Agreement.

Exhibit A – Open Source Components/Libraries