READ CAREFULLY THESE TERMS AND CONDITIONS, AS THEY CONSTITUTE A LEGALLY BINDING AGREEMENT AND GOVERN YOUR USE OF THE SEEKTABLE SOFTWARE (CLOUD VERSION). BY ACCESSING AND/OR USING THE SEEKTABLE SOFTWARE, YOU ARE INDICATING THAT YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCESS OR USE THE SEEKTABLE SOFTWARE. This End User License Agreement (this "Agreement") is entered into by and between the SeekTable entity ("SeekTable" owned by Vitaliy Fedorchenko) and the person accessing and using the SeekTable Software ("You" or "Your") and is effective as of the date You access and use the SeekTable Software (the "Effective Date"). SeekTable and You are collectively referred to as the "Parties" and individually as a "Party". If you are entering into this Agreement on behalf of a company or legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms "You" and "Your" shall refer to such entity. 1. License 1.1. License Grant. Subject to the terms and conditions of this Agreement, SeekTable hereby grants to You, solely for Your internal business operations, a limited, non-exclusive, non-transferable right and license to access and use the SeekTable Software (cloud version) and the Documentation during the Term. You may use the Documentation solely in support of Your authorized and licensed use of the SeekTable Software. 2. Terms and Restrictions 2.1. Restrictions. Licensee may not, and will not permit or induce any third party to: (i) decompile, reverse engineer, disassemble or otherwise attempt to reconstruct or discover the source code, underlying ideas or algorithms of any components of the Software; (ii) alter, modify, translate, adapt in any way, or prepare any derivative work based upon the Software; (iii) rent, lease, network, loan, pledge, encumber, sublicense, sell, distribute, disclose, assign or otherwise transfer the Software or any copy thereof; or (iv) use the Software in commercial timesharing, rental or other sharing arrangements; (v) remove any proprietary notices from the Software or any related documentation or other materials furnished or made available hereunder. 3. Warranty Disclaimer 3.1. THE SOFTWARE IS PROVIDED TO LICENSEE ON AN "AS IS" BASIS, with any and all faults, and without any warranty of any kind; AND (II) SeekTable expressly disclaims all representations, warranties and conditions whether express, implied, statutory, or otherwise, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, SATISFACTORY QUALITY, and non-infringement of third party rights. SeekTable does not warrant that the SOFTWARE OR SERVICES will meet LICENSEE’S requirements, or that the operation of the SOFTWARE will be uninterrupted or error-free, or that defects in the SOFTWARE OR SERVICES will be corrected. Licensee expressly acknowledges and agrees that the use of the SOFTWARE AND SERVICES and all results of such use is solely at Licensee’s own risk. 4.Limitation of Liability. 4.1. Consequential Damages Waiver. UNDER NO CIRCUMSTANCES, SHALL ANY SEEKTABLE PARTY BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, RELIANCE, OR CONSEQUENTIAL DAMAGES, (INCLUDING, WITHOUTLIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING OUT OF OR RELATING TO THE USE AND/OR INABILITY TO USE THE SOFTWARE OR SERVICES, REGARDLESS OF THE LEGAL THEORY UPON WHICH ANYCLAIM FOR SUCH DAMAGES IS BASED AND EVEN IF AN SEEKTABLE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 4.2. Limitation of Damages. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL THE SEEKTABLE PARTIES’ TOTAL CUMULATIVE LIABILITY TO LICENSEE OR ANY THIRD PARTY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, OR OTHERWISE) EXCEED THE TOTAL AMOUNT OF FEES PAID BY LICENSEE TO SEEKTABLE FOR THE USE OF THE SOFTWARE DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE SEEKTABLE PARTIES’ LIABILITY.