The company PostNord Strålfors AB (corp. ID no. 556102-9843) provides services in the 3D Solutions service area. Other subsidiaries of PostNord AB (publ) (corp. ID no. 556128-6559) may be authorized to enter into agreements on behalf of PostNord Strålfors AB. However, PostNord Strålfors AB is always the Customer's contractual party. In these Special Terms and Conditions, as well as in the price annex and other possible contractual annexes associated with this service, the use of "PostNord Strålfors" refers to PostNord Strålfors AB.

The 3D Solutions service is a service ("The Service / Services / The Services") via which the customer can use the PostNord Strålfors web portal to order different three-dimensional models. The model is defined in accordance with the Customer Assignment or in accordance with the current instructions on the web portal.

The Service is provided pursuant to these Special Terms and Conditions, as well as what is stated in the specific Customer Assignment, Offer or Order Confirmation.

In the absence of any statement to the contrary in these Special Terms and Conditions, or unless agreed separately with PostNord Strålfors, the version of PostNord Strålfors' General Terms and Conditions ("PNSGTC") in effect at any given time applies for the Services provided by PostNord Strålfors .

Definitions

Working day: Weekdays that are not public holidays and with the exception of such days as are customarily full-day or half-day holidays in the country in which the Services are provided.

The Agreement: The Agreement, Offer or Order Confirmation that refers to the Special Terms and Conditions and the PNSGTC in applicable at any given time, as well as the associated annexes and other contract documents.

Customer Assignment: Annex to the Agreement that defines PostNord Strålfors' assignment and specifies the Customer's undertakings.

Offer: Offer from PostNord Strålfors regarding the Services, accepted by the Customer, which refers to the Special Terms and Conditions and the PNSGTC valid at any given time.

Order Confirmation: PostNord Strålfors' confirmation of the Customer's order of the Services, to which the Customer has not made any objection without delay, which refers to the Special Terms and Conditions and the PNSGTC valid at any given time.

PNSGTC: PostNord Strålfors General Terms and Conditions valid at any given time. These are available at www.stralfors.se/villkor.

PostNord Strålfors: PostNord Strålfors AB (corp. ID no. 556102-9843).

The Service / Services / The Services: 3D Solutions is a service via which the customer can use the PostNord Strålfors web portal to order different three-dimensional models.

1. Scope of the Service

The scope of the Service is that the Customer can, via the PostNord Strålfors web portal, order various available three-dimensional products in accordance with the instructions on the web portal. The model is defined in the Customer Assignment or in accordance with the current instructions on the web portal.

2. Offer and Order Confirmation

For Services not regulated in mutually signed Agreements, the Offer or Order Confirmation constitutes a binding agreement.

The Offer is valid for 30 days from the date of the Offer and the Customer's acceptance shall have been submitted to PostNord Strålfors within this period. If another time is stated on the Offer, or if the production is intended to start within 30 days of the Offer date, the Offer must be accepted without undue delay in order to be binding for PostNord Strålfors.

PostNord Strålfors has the right to provide Offer material in digital or another form that PostNord Strålfors has developed and uses for the purpose of providing the Offer. Unless agreed otherwise, the Customer may not utilize or allow third parties to view the Offer material and is obliged to return it to PostNord Strålfors on request.

3. PostNord Strålfors' undertakings

PostNord Strålfors provides the Services as described in detail in the Customer Assignment, Offer or Order Confirmation, in accordance with these Special Terms and Conditions and the PNSGTC.

4. Customer's responsibility

The Customer is to fulfil the obligations stipulated in these Special Terms and Conditions, as well as any other undertakings not included in these conditions, but which may be incumbent on the Customer as stated in, for example, the Customer Assignment or the PNSGTC.

4.1. Customer Assignment

The assignment covered by the Agreement is stated in the respective Customer Assignment. The Customer is responsible for ensuring that the Customer Assignment contains all the information required for PostNord Strålfors to be able to perform the assignment correctly and on time. During the term of the Agreement, the parties may agree to add new Customer Assignments to the Agreement. Customer Assignments that are added during the term of the Agreement shall be signed by both parties and become a part of the Agreement as soon as both parties have signed them. If the Customer wishes to add new Customer Assignments during the contractual period involving changes that in PostNord Strålfors' judgment affect the basis for the agreed prices, terms and conditions defined in the Agreement, such changes must be based on a written supplementary agreement.

4.2. Professional work

All the Customer's performance shall be carried out professionally. The requirement for professionalism applies to both PostNord Strålfors and the Customer. The term professionalism in this context means that the Customer shall fulfill its duties under the Agreement with the care required for achieving satisfactory performance.

4.3. Customer delay

If the Customer fails to fulfill a contractual obligation on time, PostNord Strålfors is entitled to compensation for direct costs resulting from the delay. If the delay causes significant inconvenience for PostNord Strålfors, PostNord Strålfors also has the right to cancel the Agreement.

4.4. Responsibility for content of the material

As a user of the Service, the Customer is responsible for ensuring that the models, in terms of content and design, text and motifs:

• do not constitute infringement of a trademark, copyright or other intellectual property.
• If the Customer uses motifs other than those available as the default motif for the Service, the Customer must be sure that the Customer is entitled to use the motif. For example, there are restrictions on which motifs can be used for marketing purposes and it is not always permitted to change or write text on the motif chosen by the Customer.
• do not violate law, regulation, government instruction, use or custom, such as the Marketing Act and the Good Marketing Practices, Copyright Act, Protection Act and applicable Personal Data Act.
• do not risk causing offence.
• do not contain pornography, violence or hate speech.
• do not cause damage or other inconvenience to PostNord Strålfors or third parties.

4.5. PostNord Strålfors' right not to distribute models

PostNord Strålfors reserves the right not to produce and distribute models with content and/or design that violates these Special Terms and Conditions, in the opinion of PostNord Strålfors. Such a decision does not mean that the Customer has the right to have the fee that has been paid reimbursed or is entitled to other compensation from PostNord Strålfors.

4.6. Pledge

By accepting these Special Terms of Service, the Customer pledges to hold PostNord Strålfors harmless for all costs and any other damage caused to PostNord Strålfors or third parties as a result of the Customer's use of the Service in violation of these Special Terms and Conditions.

5. Quality deficiencies

Quality deficiencies refer to deviations and variations in the nature of the performance and characteristics which, according to professional judgment, do not constitute only a slight deviation or minimal variation from samples, models or similar. In assessing whether an error is non-serious or serious, particular attention shall be paid to the nature and character of the performance, including quality level, design and execution, as well as use and value.

Quality deficiencies do not include deviations that are deemed to be due to the Customer failing to fulfill its obligations under the Agreement, for example, if the Customer submitted incorrect material or failed to order changes or corrections.

PostNord Strålfors will rectify errors in performance through remedy or redelivery. The remedial action must be taken with the urgency required by the circumstances. If the Service can be used for its purpose despite the fault (not a serious fault), PostNord Strålfors may, instead of remedying the fault, make a price deduction that corresponds to the significance of the fault, if the cost of performing a remedy clearly exceeds the significance of the fault.

6. Information about processing of personal data

6.1. Personal data

When the Customer uses the Service, PostNord Strålfors may process personal data that is attributable to the Customer. PostNord Strålfors is the data processor for such processing of personal data. More information about PostNord Strålfors' processing of personal data relating to the Service and its responsibilities in connection therewith are available in Strålfors' Privacy Policy and the PostNord Strålfors General Terms and Conditions (PNSGTC). The PostNord Strålfors Privacy Policy is available at PostNord Strålfors' website www.stralfors.se. and the PNSGTC at www.stralfors.com

6.2. Responsibility for texts

PostNord Strålfors is not responsible for the design of the texts on the models. Note that there are rules in e.g. applicable personal data laws stating that other people's personal privacy may not be violated.

7. Intellectual property rights

7.1. PostNord Strålfors' property

All intellectual property rights and technical solutions relating to the Service are the property of PostNord Strålfors, or property belonging to rights holders represented by PostNord Strålfors, and may not be used by the Customer beyond what has been granted in writing by PostNord Strålfors.

7.2. Customer's property

All intellectual property rights to the Customer's property are the property of the Customer.

8. Ordering, distribution and prices

8.1. Ordering

Ordering of models is done in accordance with the instructions that are available in connection with the order function on the web portal, unless otherwise stated in the Customer Assignment.

9. PostNord Strålfors' liability and undertakings

9.1. Liability

The PNSGTC defines the terms of liability for the Service, and these terms shall apply between the parties. In the case of faults, deficiencies or delays in the provision of the Services, PostNord Strålfors' liability is limited to the remuneration already paid or to be paid by the Customer to PostNord Strålfors in accordance with applicable price annex for the production affected by the fault, deficiency or delay.

9.2. Production and Distribution

PostNord Strålfors undertakes to produce and distribute the models in accordance with the Agreement, Customer Assignments and applicable ins tructions on the web portal. PostNord Strålfors has no product responsibility for the model or any liability for the actual purpose or use of the model by the Customer.

9.3. PostNord Strålfors' responsibility for production and distribution

PostNord Strålfors' responsibility for production and distribution within the framework of the Service is always limited to the remuneration paid by the Customer to PostNord Strålfors for such production and distribution. PostNord Strålfors is not responsible for defaults in production and distribution due to circumstance beyond its control such as acts of nature, delay in transportation and cargo, fire, flooding, civil unrest, strikes, shortage of material or defects due to subcontractors.

9.4. Confidentiality

PostNord Strålfors' personnel and subcontractors are bound by professional secrecy.

9.5. Quality of design in file

PostNord Strålfors is not responsible for the quality of the file that the Customer chooses to send as a model, unless otherwise agreed in writing between the parties.

10. Right of cancellation and complaints

There is no right of cancellation and the Customer therefore has no opportunity to retract its purchase. This is because the ordered model is produced in accordance with the Customer's instructions and, due to its characteristics, it cannot be sold to another customer or used by PostNord Strålfors.

Complaints are handled in accordance with the provisions for 3D Solutions, as defined at 3d.postnordstralfors.com, as well as in accordance with the selected Service for distribution.

11. Disputes

Disputes arising from purchases relating to the Service and/or relating to these Special Terms and Conditions are adjudicated by the Swedish General Court.

12. Customer service

In the case of questions about the Service, you are welcome to contact PostNord Strålfors, customer service via email: 3dsolutions@stralfors.com

1. Scope of Application

The following terms of delivery shall apply exclusively. General terms and conditions of the orderer deviating from these terms and conditions shall only apply insofar as they have been expressly confirmed in writing by rpm rapid product manufacturing GmbH (hereinafter referred to as "rpm").

2. Conclusion of Contract

Offers are subject to confirmation. Orders are only binding as far as they are confirmed by rpm or as far as they are fulfilled by execution and shipment of the ordered goods. Additional agreements and changes require written confirmation by rpm.

3. Prices

3.1 Prices shall be subject to value added tax at the respective statutory rate and shall apply "ex works" including packaging.

3.2 In case of contracts with an agreed delivery time of more than 4 months, rpm shall be entitled to increase the prices according to the occurred cost increases due to collective agreements or material price increases. If the increase amounts to more than 5 % of the agreed price, the orderer shall be entitled to terminate the contract.

4. Scope of Delivery

4.1 The order shall be executed on the basis of the data records sent by the Purchaser. Unless otherwise agreed, the last update available to rpm at the time of conclusion of the contract shall be the binding data set for rpm.

4.2 If the order does not show any separate specifications regarding the material quality, the execution of the order shall be carried out using materials close to series production (limited testability).

5. Delivery Period

5.1 If a delivery period has been agreed upon, it shall commence with the dispatch of the order confirmation, but not before the customer has provided any documents, data sets, releases or similar.

5.2 An arranged delivery period shall be deemed to be met when the ordered goods have been dispatched by rpm or when the client has been informed that the goods are ready for dispatch.

5.3 In case of delay in delivery on the part of rpm, claims for damages shall only exist in case ofgross negligence or intent.

6. Transfer of Risk

6.1 The risk shall pass to the orderer at the latest upon dispatch of the ordered goods. This shall apply accordingly in the case of agreed partial deliveries.

6.2 Shipment shall be made at the risk of the Purchaser under "ex works" conditions in accordance with INCOTERMS 2020 .

7. Retention of Title

7.1 rpm reserves the ownership of the delivered goods until receipt of all payments resulting from the contract.

7.2 The purchaser shall be obliged to inform rpm immediately in writing of any seizure or other interventions of third parties with regard to the goods.

8. Warranty

8.1 The orderer shall immediately inspect the delivered goods upon receipt for defects with regard to condition and intended use, otherwise the goods shall be deemed approved.

8.2 Complaints shall only be considered if they are made in writing within 5 working days after receipt of the goods, in the case of hidden defects after their discovery, enclosing supporting documents.

8.3 The warranty period shall be 12 months from receipt of the goods.

8.4 The warranty obligation shall be limited to replacement, reduction or repair, at rpm's option.

8.5 Rejected goods may only be returned with the explicit consent of rpm.

8.6 In case of rectification of defects rpm shall be obliged to bear all expenses necessary for the purpose of rectification of defects, in particular transport, labour and material costs, as far as these are not increased by the fact that the delivered goods have been transported to a place other than the place of performance.

8.7 If the rectification of defects fails, or if rpm is not willing or able to rectify the defect or to deliver a replacement, or if this is delayed beyond reasonable periods of time for reasons rpm is responsible for,the orderer shall be entitled to withdraw from the contract or to demand a reduction.

9. Liability

9.1 rpm shall only be liable for contract-typical foreseeable damages of the orderer, provided that these were caused intentionally or grossly negligent by rpm.

9.2 rpm shall only be liable for damages caused by subcontractors of rpm if and insofar as rpm is at fault.

9.3 For damages for which rpm is responsible - in the sense of 9.1 and 9.2 - rpm shall be liable up to an amount of Euro 1,500,000 per damage event and calendar year. This does not apply to personal injuries caused by gross negligence or intentionally by rpm.

10. Industrial Property Rights

10.1 The orderer shall indemnify rpm against any claims of third parties resulting from infringements of patents, copyrights, trademarks or other industrial property rights (hereinafter referred to as "industrial property rights of third parties") resulting from the production of the ordered goods according to the orderer's specifications.

10.2 If the ordered goods are not produced according to the specifications of the orderer, rpm shall only be liable for the infringement of third party industrial property rights in case of gross negligence or wilful misconduct of rpm.

10.3 In no case rpm shall be obliged to carry out a search for industrial property rights.

11. Terms of Payment

11.1 Payment shall be made after invoicing. Invoices are due for payment within 20 days from date of invoice without deduction (e.g. discount).

11.2 In case of delayed payment rpm shall be entitled to charge interest in the amount of 3% above the applicable base interest rate, subject to the assertion of further claims for damages caused by delay.

11.3 The orderer shall only be entitled to set-off and retention rights in case of undisputed, legally binding claims or claims acknowledged by rpm.

12. Secrecy Clause

Both contracting parties shall be obliged to treat all information, data, drawings, etc., which are exchanged on the occasion of the cooperation between the parties regarding the subject matter of the contract, confidentially and not to pass them on or make them accessible to any third party.

13. Force Majeure

Cases of force majeure - as such circumstances and occurrences are considered which cannot be prevented with the diligence of proper business management - suspend the contractual obligations of the contracting parties for the duration of the disturbance and to the extent of its effect. If delays resulting therefrom exceed the period of six weeks, both contracting parties shall be entitled to withdraw from the contract with regard to the affected scope of performance. No other claims shall exist.

14. Place of performance, place of jurisdiction

14.1 Unless otherwise agreed, the place of performance shall be Helmstedt.

14.2 In case of any disputes arising from the contractual relationship, the local courts at rpm's place of business shall have exclusive jurisdiction.

14.3 The law of the Federal Republic of Germany shall apply. The regulations of the UN Convention on Contracts for the International Sale of Goods are explicitly excluded.

rpm rapid product manufacturing GmbH
Dieselstrasse 15
38350 Helmstedt
Management:
Dr.-Ing. Dipl.-Wirtsch.-Ing. Klaus Kreutzburg
Dr.-Ing. Jörg M. Gerken
Dr. Claus Thomy

Register court: Braunschweig
Registration number: HRB 100719
VAT identification number: DE 812245549

(rpm - General Terms and Conditions of Delivery - Status: 09/2016)

Your use of the AdditiveMES. If you do not understand or have questions about the Terms and Conditions, immediately stop all use of the Website. If you do not accept these Terms and Conditions, you may not use the Website. If at any time you do not agree to these Terms and Conditions, you must cease your use of this Website.

The following terminology applies to these Terms and Conditions: "you" and "your" refers to you, the person accessing this Website. "AdditiveMES", "we", "our" and "us", refers to AdditiveMES. "Party", "Parties", or "Us", refers to both You and the AdditiveMES.

"Customer" means a relevant facility or OEM which subscribes to or utilizes the Website to allow Authorized Users to respond to and submit purchase orders to Customer projects through the Website.

License

AdditiveMES grants to you a limited, revocable, non-exclusive, non-transferable right to access and use the Website for your internal business use, subject to these Terms and Conditions. You acknowledge that your right to access and use the Website, whether or not on a paid subscription basis ("Subscription Services") will be web-based only and that, unless set forth on an addendum or rider to these Terms and Conditions, neither the Subscription Services nor any other software will be installed on any servers owned, controlled or accessible by you.

Authorized Users: Passwords, Access, and Notification

Once you are approved by AdditiveMES to access and use the Subscription Services ("Authorized User") AdditiveMES will assign you a unique password and user names. Authorized User logins are solely for designated Authorized Users. You shall use commercially reasonable efforts to prevent unauthorized access to or use of the Subscription Services. You will be solely responsible for any such unauthorized use or access. Any electronic communications AdditiveMES receives under your passwords, user name, or account number will be deemed by AdditiveMES to have been sent by you.

Use of the Subscription Services.

You shall not access the Subscription Services by any means other than as a valid Authorized User through the interfaces that are provided by AdditiveMES. You shall not: (a) sell, lease, copy, republish, display, license or sublicense the Subscription Services; (b) introduce or transmit to the Website or Subscription Services any harmful or malicious code, malware, files, or programs; (c) transmit or store material in the Subscription Service; (d) send any electronic communication from the Subscription Service that is unlawful, harassing, libelous, defamatory or threatening.

Hosting and Customer Data Center Facilities.

The hosting and data center facilities supporting the Website and Subscription Services delivered by AdditiveMES for usage by Customers and Authorized Users shall be provided for and managed by a commercially reputable third party vendor ("third party vendor") not subject to these Terms and Conditions. AdditiveMES shall not be liable in respect of any breach or error in delivery, loss, damage or interruption to the Subscription Services during the Term caused by the third party vendor. You shall immediately notify AdditiveMES, in writing of any such error, loss, breach, damage or interruption. AdditiveMES shall not be liable for, and hereby disclaims, any loss, damage or expense whatsoever and howsoever arising from any breach or error, loss, damage, defect or interruption to the Subscription Service caused by the third party vendor. In the event the Subscription Services or any software are to be located on the Customer's premises, the terms of such data storage shall be set forth on a separate agreement or addendum to these Terms and Conditions, as applicable.

Ownership.

All right, title and interest in and to all intellectual property rights contained on the Website and in the Subscription Services, including, without limitation, the underlying software, are retained and owned exclusively by AdditiveMES or its licensors. You shall have a royalty-free, worldwide, non-transferable, non-sublicensable, revocable license during the Term to access and use the Website and Subscription Services, in accordance with these Terms and Conditions. Any rights not expressly granted herein are reserved by AdditiveMES and its licensors. You shall not attempt, or directly or indirectly allow any third party to attempt, to copy, modify, duplicate, create derivative works from, frame, mirror, republish, reverse compile, disassemble, reverse engineer, download, transmit or distribute all or any portion of the Subscription Services or Website in any form or media or by any means. The provisions of this paragraph shall survive any termination of your relationship with AdditiveMES.

Ownership of Customer Data.

The information or Customer Data collected by your use of the Website or Subscription Services shall remain the sole and exclusive property of the Customer. Notwithstanding anything in these Terms and Conditions to the contrary, AdditiveMES may disclose such data as requested by a government agency or authority, subpoena or court order to produce the Customer Data. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness of and copyright permissions for all Customer Data provided by you.

"Customer Data" means all electronic data or information of any kind that is entered into the Subscription Services by an Authorized User or Customer and all data derived from such data regardless of whether or not owned by such Authorized User or Customer during the Term. You acknowledge that AdditiveMES will rely on the accuracy of the Customer Data provided to AdditiveMES as it performs its requested functions under these Terms and Conditions.

Limited License to Customer Data.

Subject to the terms and conditions of these Terms and Conditions, you grant AdditiveMES the limited, non-exclusive, non-transferable terminable license to copy, store, record, transmit, maintain, display, view, print, or otherwise use Customer Data in furtherance of offering and/or providing the Subscription Services.

Use of The Customer Data.

AdditiveMES shall collect, process, and store the Customer Data only to the extent necessary to provide the Subscription Services. AdditiveMES shall: (a) keep and maintain the Customer Data in strict confidence, using such degree of care as is appropriate and consistent with its obligations as further described in these Terms and Conditions and applicable law to avoid unauthorized access, use, disclosure, or loss; (b) use and disclose the Customer Data solely and exclusively in the use of the Subscription Service, and (c) ensure that it uses the Customer Data solely and exclusively in the use of the Subscription Service. you shall have the sole responsibility for and shall maintain and verify the accuracy, quality, integrity, legality, reliability, appropriateness of and copyright permissions for all Customer Data entered into the Subscription Services. AdditiveMES (i) assumes no responsibility for the accuracy, propriety, or usefulness of the Customer Data and (ii) shall not be liable to you or any third-party for any loss, damage or expense related to any Customer Data. You acknowledge that you own all of the Customer Data that you provide or have all rights to grant such licenses to AdditiveMES to use such information in furtherance of providing the Subscription Services without infringement or violation of any third party rights. AdditiveMES provides no warranties, representations or indemnification to you for its access to and use of the Customer Data. AdditiveMES reserves the right to edit or remove any material submitted to the Website, or stored on the AdditiveMES servers or elsewhere.

Confidentiality

You agree: (a) not to use or disclose Confidential Information (as defined below), including such Confidential Information owned, developed, conceived, or licensed from a third party, except as may be required to access or use the Website in accordance with these Terms and Conditions; (b) to protect the confidentiality of such Confidential Information in the same manner as you protect the confidentiality of similar information and data of its own (at all times exercising at least a reasonable degree of care in the protection of such Confidential Information), and (c) to make Confidential Information available to authorized persons only on a "need to know" basis.

"Confidential Information" shall include Customer Data, AdditiveMES and each Customer's proprietary technology, business processes, methodologies, source and object code, technical product information, designs, issues, pricing information, purchase orders, all communication between the you and AdditiveMES regarding the Subscription Services and any disclosed reasonably construed as confidential. Confidential Information shall not include information which: (1) is known publicly; (2) is generally known in the industry before disclosure; (3) has become known publicly, without your fault; (4) you become aware of from a third party not bound by non-disclosure obligations and with the lawful right to disclose such information to you; (5) is independently developed by you without use of or reference to the Confidential Information, or (6) is aggregated, de-identified data that does not contain any personally identifiable or Customer-specific information.

Your representations and warranties

You represent and warrant and represent that:

• 1. You are entitled to post or provide us with all information that you so provide through the Website and have all necessary licenses and consents to do so;
• 2. All information you submit through the Website does not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party
• 3. All information you submit through the Website does not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy
• 4. The information you submit through the Website will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

Acceptable use

You may only use this Website for the purpose for which it was intended by AdditiveMES.

You may not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website.

No representations or warranties

This Website is provided "as is" without any representations or warranties of any kind whatsoever, express or implied. AdditiveMES makes no representations or warranties in relation to this Website or products or services advertised or promoted on the Website, including but not limited to the Subscription Services and any information contained on the Website.

Without prejudice to the generality of the foregoing paragraph, AdditiveMES does not warrant that the Website or Subscription Services:

• Will be constantly available, or available at all; or
• Is complete, or that the information thereon is true, current, accurate or non-misleading; or
• Is up-to-date.

Nothing on the Website constitutes, or is meant to constitute, advice of any kind.

Limitations of liability

UNDER NO CIRCUMSTANCES SHALL ADDITIVEMES BE LIABLE TO YOU OR ANY USER OF THE WEBSITE FOR ANY COVER OR SETOFF, NOR FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, EVEN IF ADDITIVEMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY USING THE WEBSITE AND/OR ACCESSING ANY INFORMATION CONTAINED THEREIN, YOU ALSO WAIVE, TO THE FURTHEST EXTENT PERMITTED BY LAW, ANY CLAIMS, LIABILITY OR DAMAGES OF ANY KIND (INCLUDING FINES, SANCTIONS AND ANY OTHER PENALTIES) AGAINST ADDITIVEMES BASED UPON THE WEBSITE OR ANY INFORMATION CONTAINED THEREIN OR ANY INFORMATION OR DATA PROVIDED BY YOU TO ADDITIVEMES THROUGH THE WEBSITE OR USE AND/OR DISCLOSURE OF SUCH INFORMATION.

Indemnification.

You shall, at your own expense, indemnify, defend, and hold harmless AdditiveMES, and its present and future officers, directors, employees, shareholders and agents, from and against any liability, losses, damages, penalties, interest, judgments, orders, expenses and costs (including, without limitation, reasonable attorneys' fees) arising from any and all causes of action, demands, and suits brought by third parties, related to: (i) your breach of these Terms and Conditions; and (ii) your misuse of the Subscription Services or Website.

Reasonableness

By using the Website, you agree that the exclusions and limitations of liability set out in the Website disclaimer are reasonable. If you do not think these terms and condition and the limitation of liability are reasonable, you must not use the Website.

Term and Termination

The term of these Terms and Conditions shall be for an initial period of one (1) year from becoming an Authorized User and shall continue thereafter for so long as there is at least one outstanding purchase order ("Term"). The Term of each Subscription Services subscription purchased under a purchase order shall continue for the initial term referenced in such purchase order and shall automatically renew for successive one (1) year periods unless either party gives the other written notice of non-renewal at least ninety (90) days prior to the expiration of the then-current term (or unless otherwise provided in the applicable purchase order). AdditiveMES reserves the right to modify pricing applicable to any Subscription Services renewal term. provided that it gives you at least ninety (90) days advance written notice of such change.

AdditiveMES may revoke your access to the Website and Subscription Services for your material breach upon thirty (30) days prior written notice of such breach which is not cured during such notice period. Either party may terminate any purchase order for material breach by the other party upon thirty (30) days prior written notice of such breach which is not cured during such notice period. Termination of any purchase order for material breach thereof shall not terminate these Terms and Conditions or any other purchase order. AdditiveMES may revoke your access, and your may cancel your subscription, immediately upon written notice if the other party (i) files a petition, or has a petition filed against it, under any laws relating to liquidation or distribution of assets for the benefit of its creditors due to insolvency which is not abandoned or dismissed within thirty (30) days; or (ii) ceases to carry on business operations in the ordinary course. Upon termination or expiration of these Terms and Conditions for any reason, you shall have no rights to continue use of the Subscription Services. If these Terms and Conditions or any purchase order is terminated as a result of your material breach, then AdditiveMES shall be entitled to all of the fees due for the entire committed subscription term under such purchase order. If these Terms and Conditions is terminated as a result of AdditiveMES's material breach of these Terms and Conditions, then you shall be entitled to a refund of the pro rata portion of any prepaid subscription fees paid by you to AdditiveMES under these Terms and Conditions for the remaining terminated portion of the Term. You agree that AdditiveMES shall not be liable to you or any third party for any damages suffered by you as a result of termination of these Terms and Conditions. Termination of these Terms and Conditions will not terminate any purchase order unless specified by written notice and in accordance with these Terms and Conditions. To the extent these Terms and Conditions are terminated and any purchase order remains outstanding, the terms and conditions of these Terms and Conditions will govern such purchase order as if these Terms and Conditions remains in full force and effect.

Suspension for Delinquent Account.

AdditiveMES reserves the right to suspend your access to or use of the Subscription Services for any accounts for which any payment is due but unpaid but only after AdditiveMES has provided you at least two (2) delinquency notices, and at least forty-five (45) days have passed since the transmission of the first notice. You agree that AdditiveMES shall not be liable to you or to any Customer or other third party for any suspension of the Subscription Service pursuant to this Section.

Without prior approval and express written permission, you may not create frames around the Website or any pages contained therein, nor use other techniques that alter in any way the visual presentation or appearance of the Website or pages contained therein.

Unenforceable provisions

If any provision of the Website terms and conditions is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of the Website terms and conditions.

Variation

AdditiveMES may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of the Website from the date of the publication of the revised terms and conditions on the Website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

You may not transfer, sub-contract or otherwise deal with your rights and obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These Terms and Conditions, together with the privacy policy referenced above, constitute the entire agreement between you and AdditiveMES in connection with your use of the Website.

Law and jurisdiction

These terms and conditions and use of the Website shall be exclusively governed by, and interpreted in accordance with, the laws of the State of New Jersey without regard to principles of conflicts of laws provisions. Any and all disputes or claims related in any way to the Website, these terms and conditions or the Privacy Notice incorporated herein, including but not limited to any claim of breach thereof or violation of any state, federal or local law, rule, statute or ordinance, shall be exclusively brought in the state or federal courts located within the State of New Jersey.

Questions

If you have questions or concerns with respect to these terms and conditions, you may contact us at additivemes@additivemes.com