Subscription of Software (SOS) for eSMART

By subscribing to the eSMART software, you agree to the following terms:

• MinMax grants Customer a right to use the eSMART Software located on servers that are managed by MinMax. MinMax solely owns the intellectual property in the Software except for third party components. Customer may access the Software without receiving a copy of the object code or source code to the Software. Customer must have a high speed Internet connection, and hardware and software that is compatible with the Subscription Services.

• The Subscription Services for eSMART provided to Customer are non-exclusive, non-transferable and are for Customer’s internal business use only. Customer may not (i) transfer to any other person any of its rights to use the Subscription Services; (ii) sell, rent or lease the Subscription Services; make the Subscription Services available to anyone who is not an employee of Customer; (iii) create any derivative works; (iv) copy any feature, design or graphic in, or reverse engineer the Software; (v) build a competitive solution or to assist someone else to build a competitive solution.