TrueConf End User License Agreement

This End User License Agreement (the "EULA") is a legally binding agreement between you, the legal entity or individual entrepreneur that downloads, installs, copies, activates, accesses or otherwise uses the Software, including any individual acting on its behalf (the "End User" or "you"), and the Licensor (as defined in Section 1) with respect to the software made available under the TrueConf brand, including server components, client applications, software for hardware appliances, extension modules, intelligent processing systems, utilities and development tools (SDK/API), together with related Documentation, Updates and Security Updates (the "Software").

BY DOWNLOADING, INSTALLING, COPYING, ACTIVATING, EXTENDING THE LICENSE TERM OF, ACCESSING OR OTHERWISE USING THE SOFTWARE, OR BY CLICKING "ACCEPT" OR ANY OTHER BUTTON INDICATING ACCEPTANCE, YOU CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THIS EULA AND AGREE TO BE BOUND BY IT. IF YOU DO NOT AGREE, DO NOT CLICK ANY SUCH BUTTON AND DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE. IF YOU ACCEPT THIS EULA ON BEHALF OF AN ENTITY, YOU REPRESENT THAT YOU ARE AUTHORISED TO BIND THAT ENTITY.

THE CURRENT VERSION OF THIS EULA PUBLISHED AT HTTPS://TRUECONF.COM PREVAILS OVER ANY OTHER VERSION OF THE TRUECONF END USER LICENSE AGREEMENT, INCLUDING ANY VERSION EMBEDDED IN DISTRIBUTIONS, INSTALLATION PACKAGES OR IMAGES OF THE SOFTWARE, SUBJECT TO SECTION 23 (AMENDMENTS). THIS RULE DOES NOT APPLY TO THIRD-PARTY LICENSES FOR THIRD-PARTY COMPONENTS (SECTION 14) OR TO ANY STORE-SPECIFIC ADDENDUM (SECTION 21).

SECTION 19 (DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY), SECTION 20 (INDEMNITY) AND SECTION 25 (EFFECT OF MANDATORY LAW) SIGNIFICANTLY LIMIT THE LICENSOR'S LIABILITY AND ALLOCATE RISK TO YOU. PLEASE READ THEM CAREFULLY.

1. DEFINITIONS

1.1 In this EULA the following terms have the following meanings:

"Licensor" means the person that grants the license to the End User under this EULA, being either a company of the TrueConf group of companies that holds the rights to the relevant Software or a legal entity authorised by such company to grant licenses to the relevant Software in its own name. The Licensor is the person identified as the licensor, rights holder, seller or developer in, in the following order of priority: (a) the Contract; (b) the record associated with the Registration Key; (c) the product-specific licensing notice, download page or activation interface of the Software; or (d) for Software obtained from an application store, the application's store product page. If the Licensor cannot be identified from any of the foregoing, the End User may request its identification by writing to the contact address in Section 24.10, and the Licensor shall be the person so identified in writing in response to that request.

"TrueConf" means the Licensor and, where the context so requires, its Affiliates acting on its behalf. "Affiliate" means any company of the TrueConf group of companies and any person controlling, controlled by or under common control with the Licensor.

"Authorised Representative" means a person authorised by TrueConf in writing to distribute the Software or to act on behalf of TrueConf in connection with this EULA, including a distributor, reseller or application store publisher. An Authorised Representative acts on behalf of TrueConf only within the scope of its actual authority and does not thereby assume any obligation of TrueConf towards the End User unless it has expressly agreed to do so in writing.

"TrueConf Protected Parties" means TrueConf, its Affiliates, licensors, Authorised Representatives, distributors, resellers and contractors, and their respective officers, employees and agents.

"Software" means the proprietary software made available by TrueConf, including components owned by TrueConf and components that TrueConf is authorised to use, incorporate, distribute or sublicense, together with the Documentation, Updates, supplements, add-on components and internet-service components provided for that Software and any media containing it. "Third-Party Components" means components of the Software the rights to which belong to third parties, including open-source components; they remain subject to the rights of their respective licensors and, where applicable, to separate license terms under Section 14.

"Software Type" means a generic category of Software that determines which terms of this EULA apply to it. Software may belong to one or more of the following Software Types:

• Server Component — Software intended for deployment on the End User's server or virtual machine that organises, processes, mixes, transcodes, records and/or routes communication sessions, including with endpoints using the SIP, H.323 and RTSP protocols;
• Client Application — Software for personal computers, mobile devices, TV set-top boxes and/or web browsers intended to connect users to a Server Component;
• Appliance Software — Software installed on a hardware-software appliance and/or other equipment;
• Extension Module — Software that extends the functionality of a Server Component or integrates it with external systems, including directory services, calendars, information security systems, gateways and/or border controllers;
• Intelligent Processing System — standalone Software intended for automatic speech recognition and for generating transcripts, summaries, translations and/or other derivative materials using artificial intelligence technologies, which functions independently of other Software and is licensed separately;
• Utility — Software intended for installing, updating, monitoring, diagnosing and/or administering other Software or for controlling equipment;
• Development Tools (SDK/API) — programming interfaces, libraries, code samples and/or related materials intended for the End User to create its own software solutions interacting with the Software.

TrueConf determines the Software Type(s) to which particular Software belongs on the basis of its purpose. The release by TrueConf of new Software belonging to one or more Software Types does not require any amendment of this EULA.

"Intelligent Processing Component" means a built-in component implementing functions based on artificial intelligence technologies within Software, including noise suppression, image and sound processing and/or automatic speech recognition. An Intelligent Processing Component does not generate transcripts, summaries, translations or other derivative materials; such functions are performed by an Intelligent Processing System. An Intelligent Processing Component is not a standalone computer program, standalone Software or a separate Software Type, does not function separately from the Software in which it is implemented, is not licensed separately and is made available within the License Metrics of such Software. An Intelligent Processing System is not an Intelligent Processing Component.

"Documentation" means the administrator and user guides and licensing descriptions for the Software published by TrueConf at https://trueconf.com and/or provided together with the Software. Documentation describes the operation, configuration and licensing mechanics of the Software but does not constitute a warranty, representation, service level, specification of quality or commitment that any feature will operate without error or remain available. Where this EULA refers to the Documentation for the purpose of determining License Metrics or permitted technical use, the Documentation is incorporated solely for that limited purpose.

"License Metric" means a quantitative parameter defining the scope of the rights granted to use the Software. License Metrics include, for example: the number of PRO users; the number of online users; the number of guest connections; the number of concurrent SIP, H.323 and RTSP connections; the number of concurrent active connections (ports); the maximum number of participants in one conference; the number of copies of the Software, computers, devices or agent modules; the number of synchronised accounts; the number of virtual classrooms (for licenses granted to educational institutions); the number of Server Components that may be connected to an Intelligent Processing System and the access modes available to them; a named list of Software instances permitted to interact; and the available features and connected Extension Modules. This list is not exhaustive. TrueConf may apply any License Metrics, including those not listed in this definition. The License Metrics applicable to particular Software and their values are set by the Contract and/or the Registration Key.

"Registration Key" means a unique sequence of characters identifying the values of the License Metrics.

"Registration Server" means the software and hardware of TrueConf used to activate the Software, to change the scope of or renew a license, to verify compliance with License Metrics and to protect the Registration Key.

"Binding" means a mechanism implemented in the Software that links an activated instance of the Software to the parameters of the computing environment in which it is deployed (hardware binding) and/or to its external domain name (FQDN) and/or other identifier.

"Contract" means a license, sublicense, mixed or other agreement (including its appendices, specifications and invoices constituting offers) concluded in respect of the Software between the End User and TrueConf or an Authorised Representative.

"Paid Version", "Free Version" and "Trial Version" mean the license types defined in Section 3.

"Update" means a new version or build of the Software identified by TrueConf as such, as well as a fix (patch), supplement or add-on component to the Software. The provision of standalone Software, including Utilities, Extension Modules, Intelligent Processing Systems, Appliance Software and Development Tools, is not an Update (Sections 17.2 and 17.3).

"Security Update" means an Update that eliminates a vulnerability of the Software or reduces the possibility of its exploitation.

"Commercially Supported Version" means a version of the Software for which TrueConf provides ordinary technical support and feature Updates under its commercial support policy, as determined in accordance with Section 15.4.

"Security Support Period" means the period during which TrueConf provides vulnerability handling and Security Updates for particular Software solely to the extent required by mandatory applicable law for the relevant product and market.

"Supported Version" means a Commercially Supported Version or, to the extent a Security Support Period applies, a version within its Security Support Period, in each case solely with respect to the support applicable to it.

"Service Data" has the meaning given in Section 10.1. "Privacy Notice" means the privacy notice published by TrueConf at https://trueconf.com, as amended from time to time.

1.2 This EULA applies to all Software. Terms stated with respect to a particular Software Type, license type or License Metric apply only to the relevant Software.

2. GRANT OF LICENSE

Subject to your continuous compliance with this EULA, the Licensor grants you a limited, non-exclusive, non-transferable and non-sublicensable license to use the Software within the scope and limits set by this EULA, the Contract, the Registration Key and, solely for the purposes stated in its definition, the Documentation, as follows:

2.1 Installation and use.

• You may install and use the Software on one (1) computer or other device (including a virtual machine) for each license unit granted to you, unless the Documentation or the Contract provides for the deployment of several interacting instances of the Software under one license;
• You may generate Client Applications from the Software in the quantity you need, where the Software provides such functionality for the relevant operating system;
• You may install Client Applications on as many computers and other devices as you need;
• You may use the Software with the features set by the Contract and/or the Registration Key and within the values of the applicable License Metrics;
• You may use the Software and Client Applications for your own internal business purposes, unless otherwise provided by the Contract or the terms of the relevant license type;
• You may make one copy of the Software solely for archival purposes or to replace a lawfully acquired copy that has been lost, destroyed or become unusable;
• You may not sell or license copies of the Software, separately or as part of any collection, product or service, and may not grant your customers any right to license or distribute the Software;
• You may not remove, alter, obscure or otherwise interfere with the display of trademarks, copyright notices, notices of rights, captions or watermarks displayed by the Software, including any designation of a Free Version or Trial Version;
• You may not circumvent, disable, modify or otherwise interfere with technical protection measures, licensing, activation or License Metric control mechanisms or interaction with the Registration Server;
• You shall not perform any act that harms or may harm the Software or the business reputation of TrueConf. If you do, you shall promptly notify TrueConf, remedy the breach and compensate the resulting losses within five (5) business days of receipt of TrueConf's demand.

2.2 Term. The term during which the Software may be used is set by the Contract or, where there is no Contract, by the terms of the relevant license type and/or the Registration Key.

2.3 Territory. The territory in which the Software may be used is set by the Contract. Where the Contract does not set a territory, or where there is no Contract, the Software may be used worldwide, subject to Section 15.9.1.

2.4 Intended use. The Software is intended for use in business and other professional activities and is not intended for personal, family or household purposes. An individual uses the Software solely as an employee, representative, officer or other authorised person of a legal entity or individual entrepreneur, on its behalf and in its interest; by downloading, installing, activating or using the Software such individual confirms that he or she is so authorised, and the represented entity is deemed the End User. Use of a Client Application by an individual invited to a conference organised by an End User is deemed use for the purposes of that End User. Products and services of TrueConf expressly intended for personal use by individuals are governed by separate license agreements and/or terms of use published by TrueConf, and this EULA does not apply to them.

3. LICENSE TYPES. FREE AND TRIAL VERSIONS

3.1 The Software may be provided as a Paid Version, a Free Version or a Trial Version. The license type is determined by the Registration Key, the terms on which the Software is provided and/or the Contract.

3.2 A Paid Version is Software provided for a fee under a Contract, with License Metric values set by the Contract and/or the Registration Key. A Paid Version may be granted for a fixed term or subscription (term license) or for the entire term of the exclusive right (perpetual license).

3.3 A Free Version is Software provided free of charge with limited License Metric values and a limited set of features, which are published by TrueConf at https://trueconf.com and may be changed by TrueConf in accordance with Section 3.6.

3.4 The right to use a Free Version is granted for one (1) year from the date of activation of the Software, unless TrueConf specifies otherwise, and in any event for no longer than the term of the exclusive right. This Section applies subject to Section 3.6. Upon expiry of that term, the right to use the Free Version terminates. Renewal is made at the End User's request in the manner published by TrueConf and requires re-activation of the Software. TrueConf has no obligation to renew the right to use a Free Version and may refuse renewal.

3.5 Use of a Free Version requires a continuous connection between the Software instance and the Registration Server for license verification. You acknowledge that, in the absence of such connection, the Free Version automatically suspends operation after the period determined by TrueConf or, if no such period is determined, upon loss of connection. Offline registration is not available for a Free Version.

3.6 TRUECONF MAY AT ANY TIME, AT ITS SOLE DISCRETION, FOR ANY REASON OR NO REASON, WITHOUT PRIOR NOTICE AND WITHOUT ANY COMPENSATION OR REIMBURSEMENT:

• change the features and License Metric values of a Free Version, including by reducing them;
• restrict, suspend or terminate the right to use a Free Version, in whole or with respect to a particular Registration Key, Software instance or End User;
• refuse to activate a Free Version and/or to renew its term;
• discontinue the release, distribution, updating and support of a Free Version.

TrueConf may implement such actions by technical means, including refusal of the Registration Server to confirm the license, blocking of activation, restriction of particular features and/or termination of operation of the Software instance.

3.7 Grounds for the actions set out in Section 3.6 may include, without limitation: failure to install Updates, including Security Updates; use of a version that is not a Supported Version; known vulnerabilities in the version used; breach of this EULA; exceeding License Metric values; changes in TrueConf's licensing policy; discontinuation of the Software; and requirements of law, regulation or binding orders applicable to TrueConf. This list is not exhaustive and does not limit TrueConf's right under Section 3.6.

3.8 You acknowledge that a Free Version is provided free of charge only, without any warranty of availability, continuity of operation, data integrity or period of provision, without technical support (unless TrueConf expressly states otherwise) and without creating any expectation of its continued provision.

3.9 A Trial Version is Software provided free of charge for a limited period solely to evaluate its features and compatibility. Use of a Trial Version beyond evaluation, including in production, is not permitted. Upon expiry of the trial period the right to use the Trial Version terminates and the Software may cease to operate by technical means. Sections 3.5 to 3.8 apply to a Trial Version; TrueConf's right under Section 3.6 applies to a Trial Version in full.

3.10 Where the Software is provided on special terms intended for educational, scientific, medical, non-profit or other specific categories of End Users, it may be used solely for purposes consistent with the terms of such license and not for commercial purposes. In all other respects the terms applicable to a Paid Version apply.

4. LICENSE METRICS AND COMPLIANCE

4.1 The right to use the Software is granted solely within the values of the applicable License Metrics. Use of the Software in excess of those values constitutes use outside the scope of the license granted.

4.2 You shall not take any action aimed at circumventing License Metrics or using the Software beyond the scope granted, including: using one Registration Key to activate several instances of the Software simultaneously; using multiplexing or connection-pooling tools, intermediate servers, gateways, cascading or shared accounts to reduce the number of users, connections or other units counted; or modifying the Software, its configuration or databases to distort information about the scope of use.

Use of the standard features of the Software in accordance with the Documentation and within the values of the License Metrics, including cascading of conferences, built-in gateways, federation and centralised distribution of licenses among Software instances, does not breach this Section.

4.3 TrueConf may request from you information necessary to verify compliance with License Metric values. Such request is not a demand for a report on the use of the Software. You may decline to provide the requested information on reasonable grounds, including where its provision would conflict with your information security regime; in that case you acknowledge that technical support and/or resolution of the relevant issue may not be possible. The information provided shall not contain information protected by law as secret or confidential, nor information about the content of your conferences, messages, files and recordings.

4.4 If License Metric values are found to have been exceeded, you shall within ten (10) business days bring your use of the Software into line with the rights granted or acquire additional rights. TrueConf may claim the license fee for the scope actually used and, at its choice, compensation for losses or any other remedy, including statutory damages, available under applicable law.

4.5 The Software may contain technical means restricting its operation or particular features when License Metric values are reached or exceeded, or where there is no valid license.

5. ACTIVATION, REGISTRATION AND BINDING

5.1 The Software is subject to activation (registration) using a Registration Key. Until activation is completed, the features of the Software may be unavailable in whole or in part.

5.2 The Registration Key is confidential information. You shall not disclose the Registration Key to third parties and shall protect it against unauthorised access. Any action performed using your Registration Key is deemed to have been performed by you.

5.3 Simultaneous operation of two or more Software instances activated with one Registration Key is not permitted, unless expressly provided otherwise by the Documentation or the Contract.

5.4 Activation may be performed online via the Registration Server or, where the Documentation so provides for the relevant license type, offline.

5.5 The Software may use Binding. You acknowledge that a change in the parameters of the computing environment (including a change of processor, number of cores or threads, motherboard, BIOS version, partitioning or type of storage, virtual machine configuration, or reinstallation, replacement or major update of the operating system), as well as an upgrade to a new major version of the Software, may break the Binding and suspend operation of the Software until the Binding is reset. Such suspension is the standard operation of the protection of the Software against unauthorised use of its copy. Your right to upgrade to a new major version of the Software is determined under Section 15.1.

5.6 The Binding may be reset:

• upon your request to TrueConf technical support, at no additional charge; when making the request you shall provide the instance identifier (server ID) and shall not provide the full Registration Key; or
• by you, using a Utility provided by TrueConf, where this option is available for the relevant Software and has been made available to you.

5.7 Self-service reset. The option to reset the Binding yourself is available where you have the appropriate license type and/or technical support level, as determined by TrueConf for each Registration Key; TrueConf may grant, restrict, suspend or withdraw this option. The Utility requires access to TrueConf services over the internet and entry of the full Registration Key. You shall use the Utility only on trusted devices and protect the Registration Key in accordance with Section 5.2. Any Binding reset performed using your Registration Key is deemed to have been performed by you.

5.8 After the Binding is reset, the Software instance must be registered again with your existing Registration Key. A reset does not change the scope of the rights granted, the License Metric values or the license term, is not the grant of a new license and does not entitle you to use an additional Software instance.

5.9 Binding reset may not be used to operate several Software instances activated with one Registration Key simultaneously. When moving the Software to another computer or virtual machine, you shall first cease using it and remove it from the previous computer. TrueConf may set reasonable limits on the number and frequency of Binding resets and may suspend the self-service reset option or refuse a reset where there are indications of use of the Software beyond the rights granted, including repeated resets within a short period.

6. OTHER RESTRICTIONS

You may not use any TrueConf license activation services in any manner that could damage, disable, overburden or impair such services or interfere with their use by any other party, and may not attempt to gain unauthorised access to any service, account, computer system or network associated with such services.

You also may not: use the Software for any activity that violates applicable law or the rights of third parties, including sending unsolicited messages, distributing malware or gaining unauthorised access to information; carry out load testing, penetration testing, vulnerability scanning or other security research against the Registration Server, cloud services or other infrastructure of TrueConf without TrueConf's prior written consent; or publish the results of performance testing of the Software without TrueConf's prior written consent.

This Section does not restrict your right, to the extent granted by mandatory applicable law, to study, research and test the functioning of Software deployed in your own infrastructure. You shall report any vulnerability of the Software you discover to TrueConf technical support and shall not disclose it to third parties until it has been remedied.

Unless expressly agreed in the Contract, the Software is not designed, certified or warranted for use in any environment in which failure of the Software could reasonably be expected to result directly in death, personal injury, catastrophic physical damage or failure of safety-critical systems. The End User is solely responsible for determining whether the Software is suitable and legally permitted for its intended environment.

7. RESERVATION OF RIGHTS AND OWNERSHIP

TrueConf and/or its licensors retain all right, title and interest in and to the Software and its respective components, including the Documentation and the results of intellectual activity created by TrueConf in the course of technical support, including fixes, workarounds and recommendations. The Software is licensed, not sold. This EULA grants you no rights in any trademarks or service marks of TrueConf.

Except for rights that cannot be excluded or restricted under mandatory applicable law, no license or other right is granted by implication, estoppel, exhaustion, course of dealing or otherwise. All rights not expressly granted under this EULA or the Contract are reserved by TrueConf and its licensors.

8. RESTRICTIONS ON REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY

You may not decompile, reverse engineer, disassemble or otherwise convert the Software into human-readable form or attempt to derive the source code of the Software or any part of it, and may not study, research or test the Software in order to circumvent its protection system or circumvent technical protection measures, except where and only to the extent that such activity is expressly permitted by mandatory applicable law notwithstanding this limitation.

8.1 Where mandatory applicable law permits decompilation of the Software to achieve interoperability with independently created programs, you shall, to the extent such condition is permitted by that law, first request the necessary interoperability information from TrueConf in writing at least thirty (30) days in advance, specifying the programs concerned, the part of the Software concerned and the actions intended. Information obtained as a result of decompilation may be used solely to achieve interoperability, may not be disclosed to third parties except where necessary for that purpose, and may not be used to develop a program substantially similar to the Software or for any other act infringing the exclusive right to the Software. You are responsible for the acts of any recipient of such information as for your own.

9. NO RENTAL OR COMMERCIAL HOSTING

Without TrueConf's written permission you shall not sell, sublicense, rent, lease or lend the Software or use it to provide commercial services, including providing third parties with access to the features of the Software on a software-as-a-service (SaaS), platform-as-a-service (PaaS) or infrastructure-as-a-service (IaaS) basis, by way of outsourcing, time-sharing or shared use of computing resources.

This Section does not prevent invited participants, including guests and users of federated servers, from joining conferences organised by the End User within the values of the applicable License Metrics, nor the End User's employees and contractors from accessing the Software for the purposes of the End User's business.

10. SERVICE DATA

10.1 When the Software is connected to the internet, it may transmit to TrueConf limited technical, licensing, security and service data ("Service Data"), such as the Software version, instance identifier, activation status, License Metric values, technical parameters of the computing environment in which the Software is deployed and events of starting and stopping its services. TrueConf may process Service Data to verify compliance with License Metrics, detect unauthorised use of the Software, protect you against parallel activation of your license by third parties, maintain the security of the Software and of TrueConf services, provide technical support (where such services are provided) and inform you of released Updates, including Security Updates, and of the end of support of the version you use. TrueConf may also use Service Data to improve the Software and the quality of its services and to develop other products and services, and may provide Service Data to third parties for the same purposes in aggregated or de-identified form.

10.2 Within the interaction of the Software with the Registration Server, the content of conferences, chat messages, files, recordings and transcripts, and the settings, accounts and credentials of the End User's users, are neither transmitted to nor processed by TrueConf.

10.3 Depending on the circumstances and applicable law, certain Service Data may constitute personal data. Where TrueConf determines the purposes and means of processing such Service Data, TrueConf processes it as an independent controller (or equivalent under applicable law) in accordance with the Privacy Notice. Where applicable law so requires, the End User shall make the Privacy Notice available to its users whose data may be included in Service Data.

10.4 Sections 10.1 and 10.2 relate to the interaction of the Software with TrueConf services. Certain features of the Software that the End User enables and configures at its discretion involve, by their nature, the transmission of data to third parties, including directly to the servers of such third parties (for example, notification delivery services, external streaming platforms and external information systems with which the End User has set up an integration). The composition, volume and recipients of such data are determined by the feature selected by the End User and its settings. The End User alone decides whether to enable and use such features, controls the data transmitted and shall comply with the laws applicable to such transmission. Sections 10.1 to 10.3 do not apply to such features, to which Section 13 applies.

10.5 You understand and agree that if you disable features that cannot operate without interaction with TrueConf services or third-party servers (including notification delivery services), those features will be unavailable.

11. CONTENT, PERSONAL DATA AND SECURITY

11.1 Except for cloud services of TrueConf, the Software is installed and operated in the End User's infrastructure. TrueConf has no access to, and does not process, the content of conferences, messages, files, recordings or other data processed by the End User using the Software, other than materials that the End User itself chooses to transmit to TrueConf.

11.2 TrueConf does not require personal data from the End User for the purpose of granting the right to use the Software, other than contact and account details necessary to issue and administer the license. The End User alone determines the purposes, scope, conditions and duration of processing of personal data using the Software, acts as the controller (or equivalent under applicable law) of such data, and alone ensures a lawful basis for processing, any required consents and notices, compliance with data localisation and cross-border transfer requirements, the publication of required documents (privacy policy, cookie policy, terms of use) and the security and confidentiality of the data processed.

11.2.1 The licensing of Software deployed in the End User's infrastructure does not by itself appoint TrueConf as a processor (or equivalent under applicable law) of personal data processed by the End User through the Software. The End User shall not provide TrueConf with personal data in connection with technical support, diagnostics or the resolution of an issue unless such disclosure is necessary and lawful. Before any such disclosure the End User shall, where possible, anonymise or encrypt the relevant materials, and shall confirm the lawfulness of the disclosure at TrueConf's request. Any such disclosure is made at the End User's initiative and responsibility.

11.2.2 Where, solely because of a specific support or other service requested by the End User, TrueConf is required to process personal data on behalf of the End User and mandatory applicable law requires a data processing agreement, such processing shall be subject to the applicable data processing terms made available by TrueConf. Until such terms are in place, the End User shall not provide personal data requiring such an agreement, nor personal data the transmission of which to TrueConf would require a cross-border transfer mechanism that is not in place.

11.2.3 Materials transmitted by the End User in connection with technical support may be deleted, anonymised or retained only for so long as reasonably necessary for the relevant support request, security, legal compliance, dispute prevention and ordinary backup and retention cycles, subject to mandatory applicable law and the Privacy Notice.

11.3 The End User alone ensures the secure operation of the Software and of the equipment and software interacting with it, including protection against unauthorised access, network segmentation, account and password management, backup, the use of information security tools and compliance with the Documentation. The risk of the consequences of the End User's failure to perform these obligations lies with the End User.

11.4 Default administrator credentials and other default access details shall be changed by the End User immediately after installation and activation of the Software.

11.5 The End User alone ensures compliance with the laws applicable to its activities and infrastructure, including requirements on information security, critical infrastructure, telecommunications, the use, import and export of encryption technologies and lawful interception, where applicable. TrueConf does not perform any such obligations on behalf of the End User.

11.6 The End User is solely responsible for the lawfulness of recording, storing, processing and distributing any content created or placed using the Software, including notifying conference participants of recording and obtaining any required consents, including consents to the use of their image and voice.

12. ARTIFICIAL INTELLIGENCE FEATURES

12.1 An Intelligent Processing System may provide automatic speech recognition, speaker separation and the generation of transcripts, summaries, translations, annotations and other derivative materials, and an Intelligent Processing Component and/or other features of the Software may provide noise suppression, image and sound processing and/or automatic speech recognition (the results of such functions, "AI Output"; such functions, "AI Features").

12.2 Data processing within AI Features takes place in the End User's infrastructure, unless the Documentation for the relevant Software expressly provides otherwise.

12.2.1 If the End User connects to the Software external artificial intelligence services, language models or software agents of third parties, including through programming interfaces, chatbots or code samples published by TrueConf, it does so entirely at its own risk, and such use is subject to the third party's terms. TrueConf is not a party to the End User's relationship with the providers of such services, does not control the data transmitted to them or where it is processed, and is not responsible for the consequences of their use.

12.3 Before using AI Features, the End User shall notify conference participants and other persons whose speech, image or other data will be processed of the recording and automated processing, and shall obtain any required consents and ensure any other lawful basis for such processing.

12.4 The End User acknowledges that AI Output is generated automatically, is probabilistic and may contain inaccuracies, omissions of material information, distortions, offensive or otherwise inappropriate content and other errors, including due to the quality of the source recording, acoustic conditions, speech characteristics and terminology. TrueConf does not represent or warrant that AI Output is unique, original, complete, accurate, reliable, lawful, non-infringing or suitable for any particular use. The same or similar output may be generated for different users, and AI Output may resemble third-party material.

12.4.1 The End User is solely responsible for reviewing AI Output by a human, verifying facts, obtaining any required rights or consents and determining whether and how AI Output may be used. AI Output is not a legally significant document and shall not be treated as professional legal, medical, financial, safety, employment or other regulated advice, nor used as the sole basis for legally significant decisions, including employment, disciplinary, financial or medical decisions, without human review and confirmation.

12.5 AI Features and AI Output may not be used for any purpose prohibited by applicable law, including covert surveillance, biometric identification of individuals, or automated decision-making producing legal effects in respect of an individual in breach of applicable law. Automatic separation of speakers within a single recording for the purpose of producing a transcript is not biometric identification and does not create biometric data, provided the End User does not use it to establish anyone's identity.

12.6 You may not use the Software, AI Output or data obtained through them to train, fine-tune or evaluate your own or third-party machine learning models without TrueConf's prior written consent.

13. THIRD-PARTY SERVICES AND WEBSITES

13.1 The Software may interoperate with or provide access to third-party software, services, platforms, networks, models, programming interfaces, operating systems, hardware, codecs, certificates, application stores, websites or other products not controlled by TrueConf ("Third-Party Services").

13.2 TrueConf does not warrant and is not responsible for the availability, continuity, security, legality, compatibility, performance, content, terms, pricing, data practices, modifications or discontinuation of Third-Party Services, or for any links contained in them. TrueConf provides links to and integrations with Third-Party Services only as a convenience, and their inclusion does not imply TrueConf's endorsement.

13.3 TrueConf may modify, suspend or remove an integration with a Third-Party Service where the third party changes or discontinues the relevant product, programming interface, terms, technology or access conditions, or where TrueConf reasonably considers the integration to create a security or legal risk.

13.4 The End User's relationship with the provider of a Third-Party Service is governed solely by that provider's terms.

14. ADDITIONAL SOFTWARE AND SERVICES. THIRD-PARTY COMPONENTS

14.1 This EULA applies to Updates, Security Updates, supplements, add-on components and internet-service components of the Software that TrueConf may provide or make available to you after you obtain the initial copy of the Software, unless they are accompanied by separate terms. TrueConf reserves the right to discontinue internet services provided to you or through the Software. For Paid Versions, such discontinuation is made subject to Sections 15.9 to 15.12 where they apply.

14.2 Separate Software (including Extension Modules, Intelligent Processing Systems, Appliance Software and Utilities) constitutes standalone products and is provided only upon acquisition of a separate license for such Software, subject to the appropriate level (package) of technical support or other conditions published by TrueConf. The absence of your rights to use such Software means that the corresponding right has not been granted to you and cannot give rise to any claim against TrueConf.

14.3 The use of Third-Party Components is governed by the terms of their respective licenses, which prevail over this EULA with respect to those components to the extent those licenses so require. Nothing in this EULA grants any right in a Third-Party Component beyond those licenses, and TrueConf gives no warranty in respect of Third-Party Components.

15. UPDATES, SUPPORTED VERSIONS AND SOFTWARE SECURITY

To use Software identified as an Update, you must first hold a license for the Software identified by TrueConf as eligible for the Update. After installing an Update you may no longer use the original Software that formed the basis of your eligibility, except as part of the updated Software.

15.1 The right to receive Updates, and their composition and scope, are determined by the update policy published by TrueConf and/or the Contract and by the purchased level (package) of technical support, where TrueConf has established such conditions. Installing an Update to which you are not entitled may render the Software inoperable; you are responsible for verifying your entitlement before installing an Update. TrueConf alone determines the composition, scope and timing of Updates and gives no assurance as to when Updates will be released.

15.2 You may not require the updated Software to be rolled back to a previous version. TrueConf may agree to a rollback upon your request; no time limit applies to TrueConf's consideration of such request.

15.3 The Software may contain a mechanism for checking the versions of interacting Software. A Server Component may restrict or fully block the connection of Client Applications, Appliance Software and Extension Modules whose version is below the minimum permitted version. The minimum permitted version is set by the End User's administrator and, for interaction with TrueConf services (including the Registration Server, update and notification services), by TrueConf. Such restriction is a standard feature of the Software.

15.4 Commercial support. TrueConf may publish information on Commercially Supported Versions and their commercial support periods. In the absence of published information, the latest major version of the Software released by TrueConf and the immediately preceding major version are deemed Commercially Supported Versions. After the commercial support period of a version ends, TrueConf does not release Updates for it and technical support for it may not be provided. Expiry of commercial support does not require TrueConf to provide any service, except to the extent a specific obligation cannot lawfully be excluded.

15.4.1 Security support. Where mandatory applicable law requires TrueConf to determine a support period for particular Software placed on the market in a particular jurisdiction, TrueConf determines and makes available the Security Support Period in the manner required by that law. During the Security Support Period, TrueConf handles vulnerabilities and makes Security Updates available solely to the extent and in the manner required by that law, which may include making available a Security Update for a later version. No Security Support Period applies, and nothing in this Section 15.4.1 creates any obligation, where no such mandatory law applies.

15.5 You acknowledge and confirm that:

• the security of the Software depends, among other things, on the timely installation of Updates, primarily Security Updates;
• using a version that is not a Supported Version or failing to install released Security Updates leaves known vulnerabilities in your infrastructure and increases the risk of unauthorised access, loss or disclosure of information, disruption and other adverse consequences;
• TrueConf has no access to your infrastructure and cannot remedy such vulnerabilities itself;
• you are responsible for promptly reviewing security advisories and notices published or sent by TrueConf and for installing Security Updates or implementing effective compensating measures.

15.5.1 To the maximum extent permitted by applicable law, any failure to install a Security Update, continued use of a version that is not a Supported Version or of a vulnerable version, disabling of a security control, unauthorised modification, unsupported integration or failure to follow the Documentation constitutes a risk controlled by the End User and shall be taken into account in determining causation, contributory fault, mitigation, allocation of responsibility and any recoverable loss.

15.5.2 The release of a Security Update, advisory, workaround or recommendation is not an admission that the Software was previously defective, unsafe or non-compliant.

15.6 For Free Versions and Trial Versions, failure to install Updates and/or use of a version that is not a Supported Version is an independent ground for TrueConf's actions under Section 3.6, including termination of operation of the relevant Software instance.

15.7 For Paid Versions, use of a non-updated version of the Software within the term of the rights granted does not breach this EULA. However, upon receiving information from TrueConf about the release of a Security Update, you shall within a reasonable time take one of the following actions:

• install the Security Update or fix (patch) provided by TrueConf and applicable to the version used; or
• where no fix applicable to the version used is available, contact TrueConf technical support for advice on the procedure and conditions for moving to a Supported Version; or
• implement compensating security measures that eliminate or substantially reduce the possibility of exploiting the vulnerability, including network isolation of affected nodes, restriction of access from external networks, disabling of affected features or use of information security tools, and confirm their implementation upon TrueConf's reasoned request.

TrueConf recommends installing the Security Update as the preferred and most reliable way to remedy a vulnerability.

15.8 The risk of the consequences of failure to install Security Updates and/or to take the compensating measures under Section 15.7 lies with you.

15.9 For Paid Versions, TrueConf may restrict or suspend particular features of the Software and/or related TrueConf services (including activation, license extension or activation of a new license, update, notification and integration services) if you have not taken any of the actions set out in Section 15.7 in respect of a released Security Update. The restriction applies to the features affected by the relevant vulnerability.

15.9.1 TrueConf may restrict, suspend or terminate the availability, activation, licensing, updating, support or other operation of the Software or related services if and to the extent TrueConf reasonably determines that such action is necessary to comply with any law, regulation, binding governmental order, court order or other mandatory legal restriction applicable to TrueConf or to the relevant transaction, including to prevent an actual or threatened breach of any of them.

Nothing in this EULA shall be construed as requiring either party to comply with a law, restriction or governmental measure that does not legally apply to that party or the relevant transaction. This Section 15.9.1 is an additional ground and does not limit Section 3.6, under which TrueConf may restrict, suspend or terminate Free Versions and Trial Versions at any time, for any reason or no reason, nor Sections 15.9 and 18 or any other right of TrueConf.

15.10 For Paid Versions, TrueConf shall notify you of a restriction or suspension under Sections 15.9 and 15.9.1 at least twenty (20) business days before it takes effect. Notice is sent to the email addresses known to TrueConf, including those specified in the Contract, provided when the Registration Key was obtained or the Software was activated, or used by your employees or other authorised representatives when contacting TrueConf technical support, and/or through other channels at TrueConf's discretion, including notices in the Software interface and publication at https://trueconf.com. Notice is deemed received on the business day following its dispatch.

15.11 Notice under Section 15.10 may be omitted or given on shorter notice where delay would create an immediate security threat or risk of harm, or where immediate action is required by the law, order or restriction concerned. In that case TrueConf shall notify you as soon as reasonably practicable after the restriction takes effect.

15.12 For Paid Versions, a restriction under Sections 15.9 and 15.9.1 is imposed to the extent necessary and sufficient to address the relevant circumstance and is lifted once the circumstance has been remedied. Upon your request, TrueConf shall assist in identifying the measures needed to lift the restriction.

15.13 Sections 15.7 and 15.9 to 15.12 do not release TrueConf from obligations assumed under a Contract, including obligations to grant rights to use the Software and to provide technical support services to the agreed extent, and do not constitute a refusal by TrueConf to perform them. Sections 15.9, 15.10 and 15.12 do not apply to Free Versions and Trial Versions, to which Section 3.6 applies; Section 15.9.1 applies to them without prior notice.

16. TECHNICAL SUPPORT

16.1 TrueConf or third parties engaged by TrueConf may provide technical support at their own discretion and without any warranty or representation. The scope, timing and procedure of technical support are determined by the purchased support level (package) and the Contract. No technical support is provided for Free Versions and Trial Versions unless TrueConf expressly states otherwise. You shall back up all existing data, software and systems before requesting technical support.

16.2 TrueConf may determine that a particular issue cannot be resolved within technical support and may refuse, suspend or discontinue technical support at its sole discretion. This right does not apply to technical support provided under a Contract to the extent and for the period paid for under such Contract.

16.3 Unless the Contract expressly states a different liability regime, all technical support, maintenance, diagnostics, recommendations, workarounds and other support services are subject to the disclaimers, exclusions and limitations in Sections 19 and 25. A support response, workaround, recommendation or attempted correction does not constitute a warranty, an admission of defect or an undertaking that an issue can or will be resolved.

17. SEPARATION OF COMPONENTS. DEVELOPMENT TOOLS

The Software is licensed as a single product. Its component parts may not be separated for use on more than one device per license unit.

17.1 Development Tools (SDK/API) are provided solely to create software solutions interacting with the Software. The exclusive rights in solutions independently created by the End User belong to the End User, while the elements of the Development Tools included in them remain the property of TrueConf and/or its licensors and are used under this EULA. You may not use the Development Tools to create software competing with or replacing the features of the Software, or to circumvent License Metrics. TrueConf may impose technical limits on the frequency and volume of calls to programming interfaces. You agree not to bring any claims or proceedings against TrueConf for infringement of your patent or other intellectual property rights based on software solutions created using the Development Tools. If you adapt or modify the Development Tools, the exclusive rights in the results of such adaptation or modification belong to TrueConf, and TrueConf grants you the right to use them under this EULA to the extent necessary to use the software solutions you have created, unless the Contract provides otherwise.

17.2 Standalone nature of auxiliary Software. Utilities, Extension Modules, Intelligent Processing Systems, Appliance Software and Development Tools are standalone computer programs and standalone subjects of licensing. They are not part, a component, a feature, an Update or a supplement of any other Software.

17.3 A right to receive Updates of Software, or to use new features of Software, does not create a right to use the auxiliary Software referred to in Section 17.2 and does not oblige TrueConf to provide such Software or rights in it. The release by TrueConf of new auxiliary Software is not an Update of Software previously provided to the End User. Rights to use auxiliary Software are granted under a separate Contract or under the terms published by TrueConf for the relevant Software.

18. SUSPENSION AND TERMINATION

18.1 Without prejudice to any other rights, TrueConf may terminate this EULA and/or the right to use the Software with immediate effect by notice to you if you:

• circumvent or attempt to circumvent technical protection measures, licensing, activation or License Metric control mechanisms, or knowingly exceed License Metric values;
• make, distribute or use unauthorised copies of the Software or otherwise infringe the intellectual property rights of TrueConf or its licensors;
• decompile, reverse engineer or disassemble the Software in breach of Section 8;
• use the Software unlawfully or in breach of Section 6, or in a manner that creates a material security or legal risk for TrueConf, other users or third parties;
• fail to pay any amount due for the Software when due;
• disclose the Registration Key or other confidential information in material breach of this EULA, or provide false information for licensing or activation; or
• where termination is required by a law, order or restriction referred to in Section 15.9.1.

18.2 For any other breach, TrueConf may terminate this EULA and/or the right to use the Software if the breach is not cured within ten (10) business days after notice, or with immediate effect if the breach is incapable of cure.

18.3 The right to use the Software also terminates upon expiry of the term for which it was granted and, for Free Versions and Trial Versions, in the cases set out in Section 3.

18.4 Upon termination of the right to use the Software, you shall immediately cease using the Software, deactivate all of its instances and delete and destroy all copies, including backup and archive copies. Where deletion of particular backup copies is technically impossible, you shall ensure they cannot be used and destroy them upon expiry of your retention period. Upon TrueConf's request you shall certify compliance in writing within ten (10) business days.

18.5 Termination of the right to use the Software does not entitle you to a refund of any license fee paid, does not release you from the obligation to pay amounts already due and does not release you from liability for breaches committed before termination.

18.6 The following survive termination of this EULA and of the right to use the Software: the last item of Section 2.1, Sections 4.3 and 4.4, Section 5.2, Sections 6 to 9, Sections 10.3 and 11, Sections 12.3 to 12.6, Section 13.4, Section 17, Sections 18.4 to 18.6, Sections 19 to 22, Sections 23.1 and 23.2, Sections 24 and 25 and any store-specific addendum.

19. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

19.1 "AS IS". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE, DOCUMENTATION, UPDATES, SECURITY UPDATES, AI FEATURES, AI OUTPUT, TECHNICAL SUPPORT AND ALL RELATED MATERIALS AND SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". YOU AGREE THAT NO SOFTWARE IS FREE FROM ERRORS, INCLUDING VULNERABILITIES.

19.2 DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRUECONF AND THE TRUECONF PROTECTED PARTIES MAKE NO REPRESENTATION, WARRANTY, CONDITION, UNDERTAKING OR GUARANTEE, EXPRESS, IMPLIED, STATUTORY OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, INCLUDING AS TO MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, SECURITY, AVAILABILITY, CONTINUITY, COMPATIBILITY, PERFORMANCE, RESULTS, ERROR-FREE OPERATION, ABSENCE OF VULNERABILITIES OR MALICIOUS CODE, OR COMPLIANCE WITH ANY LAW, REGULATION, INDUSTRY STANDARD OR CUSTOMER-SPECIFIC REQUIREMENT, AND DO NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE.

19.3 NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TRUECONF OR ANY TRUECONF PROTECTED PARTY CREATES A WARRANTY OR INCREASES THE SCOPE OF TRUECONF'S OBLIGATIONS UNLESS EXPRESSLY SET OUT IN A CONTRACT SIGNED OR OTHERWISE EXPRESSLY APPROVED IN WRITING BY A PERSON AUTHORISED TO ACT ON BEHALF OF TRUECONF.

19.4 EXCLUSION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRUECONF AND THE TRUECONF PROTECTED PARTIES SHALL HAVE NO LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE, ITS USE OR INABILITY TO USE, THIS EULA OR ITS PERFORMANCE OR NON-PERFORMANCE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE.

19.5 EXCLUDED LOSSES. WITHOUT LIMITING SECTION 19.4, AND SO THAT THIS SECTION OPERATES INDEPENDENTLY OF IT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRUECONF AND THE TRUECONF PROTECTED PARTIES SHALL NOT BE LIABLE FOR ANY:

(A) LOSS OF PROFITS, REVENUE, TURNOVER, SALES, CONTRACTS, BUSINESS, OPPORTUNITY, ANTICIPATED SAVINGS OR GOODWILL;

(B) LOSS, CORRUPTION, DESTRUCTION, UNAVAILABILITY, DISCLOSURE OR RESTORATION OF DATA;

(C) BUSINESS INTERRUPTION, DOWNTIME, LOSS OF USE OR COST OF SUBSTITUTE SOFTWARE, EQUIPMENT, SERVICES OR PERSONNEL;

(D) SECURITY INCIDENT, UNAUTHORISED ACCESS OR FAILURE OF THE END USER'S INFRASTRUCTURE, NETWORK, THIRD-PARTY SERVICE OR INTEGRATION;

(E) THIRD-PARTY CLAIM, REGULATORY LOSS, PENALTY, FINE, ASSESSMENT OR COST, TO THE EXTENT SUCH LOSS MAY LAWFULLY BE EXCLUDED;

(F) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE LOSS OR DAMAGES,

IN EACH CASE WHETHER SUCH LOSS IS CHARACTERISED AS DIRECT, INDIRECT, CONSEQUENTIAL OR OTHERWISE, REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING IN CONNECTION WITH RIGHTS OF THIRD PARTIES IN ANY ELEMENT OF THE SOFTWARE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS.

19.6 FALLBACK CAP. IF AND ONLY TO THE EXTENT THAT APPLICABLE LAW DOES NOT PERMIT A LIABILITY TO BE EXCLUDED IN FULL BUT PERMITS IT TO BE LIMITED, THE TOTAL AGGREGATE LIABILITY OF TRUECONF AND ALL TRUECONF PROTECTED PARTIES COLLECTIVELY SHALL NOT EXCEED THE APPLICABLE CAP BELOW. THE FEES REFERRED TO BELOW ARE THE AMOUNTS ACTUALLY PAID BY OR ON BEHALF OF THE END USER FOR THE AFFECTED SOFTWARE, WHETHER TO TRUECONF DIRECTLY OR THROUGH AN AUTHORISED REPRESENTATIVE, EXCLUDING TAXES AND NET OF ANY REFUNDS.

(A) TERM OR SUBSCRIPTION LICENSE: THE FEES PAID FOR THE AFFECTED SOFTWARE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO THE CLAIM.

(B) PERPETUAL LICENSE: (I) IF THE FIRST EVENT GIVING RISE TO THE CLAIM OCCURS DURING THE FIRST TWELVE (12) MONTHS AFTER INITIAL DELIVERY OF THE AFFECTED LICENSE, ONE HUNDRED PERCENT (100%) OF THE LICENSE FEE PAID FOR THAT LICENSE; (II) DURING MONTHS THIRTEEN (13) TO TWENTY-FOUR (24), FIFTY PERCENT (50%) OF THAT FEE; (III) DURING MONTHS TWENTY-FIVE (25) TO THIRTY-SIX (36), TWENTY-FIVE PERCENT (25%) OF THAT FEE; AND (IV) THEREAFTER, ZERO. WHERE APPLICABLE LAW DOES NOT PERMIT A ZERO CAP BUT PERMITS LIMITATION, LIABILITY IN CASE (IV) IS LIMITED TO THE LOWEST AMOUNT THAT MAY LAWFULLY BE AGREED.

(C) FREE VERSIONS AND TRIAL VERSIONS, AND ANY SOFTWARE FOR WHICH NO FEE HAS BEEN PAID: LIABILITY IS EXCLUDED IN FULL; WHERE SUCH EXCLUSION IS NOT PERMITTED, THE CAP IS FIFTY UNITED STATES DOLLARS (USD 50).

19.7 SINGLE AGGREGATE CAP. THE APPLICABLE CAP IS A SINGLE AGGREGATE CAP SHARED COLLECTIVELY BY ALL TRUECONF PROTECTED PARTIES AND IS NOT MULTIPLIED BY THE NUMBER OF CLAIMS, CLAIMANTS, LEGAL THEORIES, SOFTWARE COPIES, REGISTRATION KEYS, AFFECTED USERS, INCIDENTS OR TRUECONF PROTECTED PARTIES. ALL CLAIMS ARISING OUT OF THE SAME OR SUBSTANTIALLY RELATED FACTS, EVENTS, VULNERABILITIES, DEFECTS, ACTS OR OMISSIONS SHALL BE TREATED AS ONE CLAIM ARISING ON THE DATE OF THE EARLIEST SUCH EVENT.

19.8 Scope of the disclaimer. This Section applies to all use of the Software and to all grounds of claim. Since the Software is provided "as is" and without any warranty, the parties have not agreed on any quality requirements for the Software, and the concepts of defect, non-conformity or inadequate quality do not apply to it; any deviation of the operation of the Software from the End User's expectations is an error within the meaning of Section 19.1. Descriptions elsewhere in this EULA of the standard behaviour of the Software, and references to circumstances the risk of which lies with the End User, are included for the avoidance of doubt, are illustrative and not exhaustive, and do not limit, narrow or modify this Section. The absence in this EULA of a reference to a particular circumstance does not mean, and shall not be construed as, an acceptance by TrueConf of liability for it. This Section is subject only to Section 25.

20. INDEMNITY

20.1 To the maximum extent permitted by applicable law, the End User shall indemnify and hold harmless the TrueConf Protected Parties from and against all third-party claims, investigations, proceedings, liabilities, damages, losses, penalties, fines, settlements, costs and expenses (including reasonable legal and expert fees) arising out of or relating to:

(a) content, data or materials processed, transmitted, stored or made available by the End User or its users using the Software, including personal data processed by the End User and materials transmitted by the End User to TrueConf;

(b) the End User's violation of law or of third-party rights;

(c) the End User's configuration, modification or combination of the Software with third-party software, hardware or services;

(d) use of the Software outside the Documentation, License Metrics, intended use, this EULA or the Contract;

(e) failure to install Security Updates or to implement required compensating measures;

(f) unauthorised access caused by the End User's credentials, infrastructure or security controls; and

(g) any representation, warranty or commitment made by the End User or its reseller or integrator to a third party concerning the Software that was not expressly authorised by TrueConf in writing.

20.2 Nothing in this EULA obliges TrueConf or any TrueConf Protected Party to defend, conduct, participate in or control the defence or settlement of any claim or proceeding, whether brought against it or against the End User, or to take any other action in relation to it. Each TrueConf Protected Party decides at its sole discretion whether and how to respond to any claim against it, and the End User's obligations under this Section do not depend on any such decision. The End User shall not settle or compromise any matter in a manner that imposes any obligation, liability or admission on a TrueConf Protected Party without TrueConf's prior written consent. Any delay in notifying the End User of a matter does not relieve the End User of its obligations under this Section.

20.3 The End User shall reimburse amounts payable under this Section within ten (10) business days of TrueConf's demand. The End User's obligations under this Section are not subject to any limitation of liability applicable to TrueConf, are in addition to any other remedy of TrueConf and survive termination of this EULA.

21. APPLICATIONS OBTAINED FROM APPLICATION STORES

21.1 If you obtained a Client Application from an application store, your relationship with the store operator is governed by that store's terms. The store operator is not a party to this EULA and bears no responsibility for the Client Application, its maintenance or support, except as provided in a store-specific addendum.

21.2 TrueConf may publish or present a store-specific addendum to this EULA for copies of Client Applications obtained from a particular application store (for example, the Apple App Store Addendum). A store-specific addendum forms part of this EULA, applies only to copies obtained from the relevant store and, with respect to such copies, prevails over any conflicting provision of this EULA.

21.3 In the absence of a store-specific addendum, where the mandatory terms of the store require otherwise, those terms prevail only to the extent of the conflict.

22. GOVERNING LAW AND DISPUTE RESOLUTION

22.1 This EULA and any non-contractual obligations arising out of or in connection with it are governed by the laws of the country (and, where applicable, the state or territory) in which the Licensor identified under Section 1 has its registered office, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

22.2 The parties shall seek to resolve any dispute by negotiation. A party wishing to bring a claim shall first send the other party a written claim; if the dispute is not resolved within thirty (30) calendar days of receipt of the claim, it may be referred to court, unless mandatory applicable law provides otherwise.

22.3 Any dispute arising out of or in connection with this EULA shall be subject to the exclusive jurisdiction of the competent courts at the registered office of the Licensor. TrueConf may nonetheless bring proceedings, including for injunctive relief or to protect its intellectual property, in the courts of the place of your registered office or place of business or of any other competent jurisdiction.

23. NOTICES. AMENDMENTS

23.1 TrueConf may send legally significant communications to the email addresses known to it, including those specified in the Contract, provided when the Registration Key was obtained or the Software was activated, or used by your employees or other authorised representatives when interacting with TrueConf, including technical support requests, and/or through other channels, including notices in the Software interface and publication at https://trueconf.com. Such communications are deemed received on the business day following their dispatch.

23.2 You shall keep the contact details provided to TrueConf up to date and bear the risk of their inaccuracy or obsolescence.

23.3 TrueConf may amend this EULA by publishing a new version at https://trueconf.com. Each version bears its effective date 2025. Where practicable, TrueConf also gives notice of material amendments in the Software interface, at the time of activation or by email under Section 23.1.

23.4 For Free Versions and Trial Versions, a new version takes effect upon publication or upon notice in the Software interface, whichever is earlier, unless it specifies a later date. Continued use of the Software after that date constitutes acceptance of the new version.

23.5 For Paid Versions:

(a) amendments required by law, regulation or binding orders, for security reasons, by third-party platform requirements or to prevent abuse, and non-material clarifications, take effect upon notice under Section 23.1 or on the later date specified in the new version;

(b) other material amendments affecting existing paid use take effect upon the earliest of: (i) your acceptance by clicking or other affirmative action; (ii) renewal or extension of the license term; (iii) acquisition of additional licenses or License Metric values; or (iv) installation or activation of a new major version of the Software where you are clearly informed that new terms apply. Until then, the previous version continues to apply to such existing paid use.

23.6 Amendments to this EULA do not change the scope of the rights to use the Software granted under a Contract already concluded, for the term of such Contract. TrueConf may record information evidencing your acceptance of this EULA, including the version accepted, the time and the action of acceptance and the account, Registration Key or instance identifier concerned.

24. MISCELLANEOUS

24.1 Entire agreement and order of precedence. This EULA, together with the documents referred to in this Section, is the entire agreement between you and TrueConf regarding the Software and support services (if any) and supersedes all prior or contemporaneous oral or written communications, proposals and representations regarding its subject matter. In the event of conflict, the following order of precedence applies: (1) an individually negotiated Contract, subject to Section 24.2; (2) a product-specific addendum expressly incorporated into the Contract, and, for copies obtained from the relevant store, a store-specific addendum under Section 21; (3) the Registration Key, solely for the License Metrics encoded in it; (4) this EULA; (5) the Documentation, solely for the purposes stated in its definition. Licenses for Third-Party Components apply as stated in Section 14.3. Where the terms of any TrueConf policy or programme regarding support services conflict with this EULA, this EULA prevails.

24.2 Contract modifications. A Contract may supplement or modify this EULA only to the extent that it expressly identifies the provision being modified or clearly states that a conflicting contractual term prevails. A deviation agreed by an Authorised Representative binds TrueConf only where that representative has actual authority from TrueConf to agree to that deviation. Deviations apply only to the person and case for which they were made. No reseller, distributor, integrator, employee or other person may make any representation, warranty or commitment on behalf of TrueConf unless expressly authorised in writing. No course of dealing, silence, failure to enforce, sales statement, support communication or commercial practice modifies this EULA or constitutes a waiver of any right.

24.3 No reliance. No website content, product description, roadmap, presentation, demonstration, benchmark, knowledge-base article, support communication, sales statement or other material creates any warranty or contractual commitment unless it is expressly identified as such in the Contract and signed or otherwise expressly approved in writing by a person authorised to act on behalf of TrueConf. The End User acknowledges that it has independently evaluated the Software and has not relied on any statement, representation, forecast, roadmap, demonstration, benchmark, sample, recommendation or promise not expressly set out in the Contract. No future feature, release, integration, certification, regulatory approval, performance level or product roadmap is promised unless expressly stated in the Contract.

24.4 Severability. If any provision of this EULA is held void, invalid, unenforceable or unlawful, the remaining provisions remain in full force, and the affected provision shall be replaced by the valid provision closest in economic and legal effect. Section 25 applies to disclaimers, exclusions and limitations of liability.

24.5 Force majeure. Neither party is liable for failure or delay in performing its obligations caused by circumstances beyond its reasonable control, including natural disasters, accidents, fires, epidemics, hostilities, acts of authorities, binding legal or regulatory restrictions, material changes in legislation and large-scale failures of communication networks or power supply.

24.6 Assignment. You may not assign or transfer your rights or obligations under this EULA, including upon reorganisation, sale of business or change of control, without TrueConf's prior written consent. TrueConf may assign or transfer its rights and obligations under this EULA, including to an Affiliate, without your consent.

24.7 Feedback. If you provide TrueConf with suggestions, comments, ideas or other feedback regarding the Software, TrueConf may use them without restriction and without compensation, including to improve the Software and develop new products.

24.8 No third-party beneficiaries. Except for the TrueConf Protected Parties with respect to Sections 19, 20 and 25, and except for Apple solely to the extent expressly provided in the Apple App Store Addendum, no person other than the End User and TrueConf has any right to enforce this EULA or is an intended third-party beneficiary.

24.9 Time limit for claims. To the maximum extent permitted by applicable law, any contractual or other claim against TrueConf or any TrueConf Protected Party arising out of or relating to the Software or this EULA must be commenced within twelve (12) months after the claimant knew or reasonably should have known of the facts giving rise to the claim, and in any event within twelve (12) months after termination or expiry of the relevant license, whichever occurs first. This limitation does not apply to a claim to the extent a shorter contractual limitation period is prohibited by mandatory applicable law.

24.10 Contact details. TrueConf: website https://trueconf.com; email for legally significant communications, claims and requests for identification of the Licensor: info@trueconf.com; technical support: support@trueconf.com. Where the Licensor is identified in a source referred to in Section 1, the contact details stated in that source may also be used.

24.11 Language and territory. This EULA is drawn up in English. Where it is translated into other languages, the English version prevails, except to the extent mandatory applicable language law requires otherwise. This EULA applies to Software distributed for use outside the Russian Federation. Software distributed for use in the Russian Federation is governed by a separate Russian-language end user license agreement.

24.12 Interpretation. Headings are for convenience only. The words "including" and "in particular" are illustrative and do not limit the preceding words.

25. EFFECT OF MANDATORY LAW ON LIMITATIONS OF LIABILITY

25.1 Maximum lawful effect. Every disclaimer, exclusion, limitation, allocation of risk and restriction of remedies in this EULA, including in Sections 15, 19 and 20, applies to the maximum extent permitted by the law applicable to the particular claim.

25.2 No voluntary expansion of liability. Nothing in this EULA creates any liability, warranty, remedy, duty or right that would not exist under mandatory applicable law in the absence of this EULA.

25.3 Minimum mandatory carve-out. Where a particular liability cannot lawfully be excluded or limited, it is preserved only to the minimum extent required by the applicable mandatory rule, and only in respect of the claim, jurisdiction and End User concerned. No broader carve-out shall be implied.

25.4 Independent operation. Each exclusion of a category of loss, each disclaimer of warranty and each liability cap operates independently. If a competent court holds any of them, or any part of them, to be invalid, unenforceable or inapplicable, such holding affects only the provision or part concerned, which shall be deemed modified to the minimum extent necessary to make it valid and enforceable, and does not affect any other disclaimer, exclusion or limitation or the remainder of the provision concerned.

25.5 Fallback limitation. If a total exclusion is unenforceable but a limitation is permitted, the relevant liability is automatically reduced to the lowest amount and narrowest scope permitted by applicable law, subject to the applicable cap under Section 19.6.

25.6 No admission. The operation of this Section 25 does not constitute an acknowledgement that any particular mandatory rule applies, that the Software is defective, or that TrueConf has any liability in any particular case.