CAREFULLY READ THESE TERMS OF USE, AS THEY, TOGETHER WITH ANY OTHER REFERENCED DOCUMENTS, CONSTITUTE A LEGALLY BINDING AGREEMENT AND GOVERN USERS USE OF ULTRASIM SITE AND THE PROVISION BY BASF OF ASSOCIATED SERVICES. BY USING ULTRASIM/MOLDED, USER (AS DEFINED BELOW) IS INDICATING THAT IT AGREES TO THESE TERMS AND CONDITIONS. IF USER DOES NOT AGREE WITH THESE TERMS AND CONDITIONS, USER MUST NOT USE ULTRASIM/MOLDED.

"Provider" of Ultrasim is

BASF Corporation, Performance Materials Business 100 Park Avenue, Florham Park, NJ 07932 USA (“BASF”)

1. General information

BASF CORPORATION offers to users who wish to make use of ultrasimweb.basf.com on the Internet, which makes the Computer Aided Engineering (“CAE”) competence of the Provider available to the Users exclusively for development purposes ("Platform", "Technology"). As such the analysis and optimization suggestions provided by the Provider and/or Platform on the basis of the CAD data transmitted by the User on the Platform are only suitable for use in development projects, and not for test or prototype purposes or in series production by the User or other third parties. The scope of the functionalities and thus of the service to be provided by the Provider with regard to the Platform or the Technology is governed by Clause 2. The use of the Platform or the Technology is subject to the following terms of use (“Terms of Use”).

2. Scope

(1) The Provider shall make the Platform available for use free of charge exclusively to employees or representatives of Provider’s customers (“Users”). The granting of access to a User is at the sole discretion of the Provider. The Provider may contact the customer or an individual User related to a User’s use of the Platform outside of the Platform. Consumers are not Users and may not use the Platform.

(2) The Provider shall inform the Users in due time about any further planning with regard to the Platform, including the use, any modified Terms of Use.

(3) The User must request separate User accounts for individual employees or representatives

(4) The Platform makes a CAE competence of the Provider available online. This allows the User's component geometries to be analyzed with regard to their manufacturability in the injection molding process. For the User, the analysis result is displayed exclusively in the Platform. The User will not import the analysis result from the Platform and/or into other systems. The User is permitted to edit the analysis result on the Platform exclusively within the scope permitted in Clause 2 (6).

(5) The User provides CAD data of its component geometry in the file formats STP or STL by uploading it to the Platform of the Provider. The User warrants that its CAD data meet the mechanical and physical requirements necessary for the component. Otherwise, they cannot be processed with the Technology provided by the Provider on the Platform. Should processing nevertheless take place, this is not covered by the scope of the Technology provided by the Provider and therefore constitutes an unauthorized use of the Platform contrary to these Terms of Use.

(6) The User can make further changes after an initial analysis through the Technology provided by the Provider on the Platform. At this stage, these changes are limited exclusively to (i) edited CAD data, (ii) material selection or (iii) the injection position(s). Furthermore, the Provider's Technology may automatically identify exemplary vulnerabilities as part of the analysis on the User's CAD data. This designation of vulnerabilities is therefore not comprehensive. The Provider may expand its Technology at its own discretion.

(7) The Provider, as operator of the Platform, supplies the algorithms and simulation models for the automated analysis of the component geometry. In addition, the Provider provides the computing resources required for the analysis and simulation. All calculations, analyses and simulations are performed in the Microsoft Azure cloud infrastructure. This Technology from the Provider is used to analyze the CAD data with the materials pre-selected by the User. The injection position is determined either automatically by an algorithm from the Provider or manually by the User.

(8) The Platform, then provides the User with the analysis generated by the Technology based on the User's submitted or modified CAD data, as well as optimization suggestions. In addition, the Platform provides an algorithm that allows a simplified mold filling simulation for the prediction of the filling behavior including the detection of weld lines, pressure distribution, areas of high shear and an estimation of fiber alignment. The results of these analyses are provided as summary metrics, as well as in the form of a 3D simulation model on which different types of results can be displayed in color. In addition, the identified potential problems in the part manufacturing process using injection molding are exemplified at various locations in the part. The detection of problems follows current industry standard design rules for injection molded parts, including undercuts, shear stresses and wall thickness distributions.

(9) The Platform further provides the User with a function for sharing the analysis results. Within the scope of this function, the User can share the analysis results calculated on the Platform with other Users. The User can either (1) grant another User read-only access to these analysis results, which allows the other User to view these analysis results only; or (2) allow another User to edit the analysis results in accordance with Clause 2 (6). The sharing of the analysis results according to this Clause 2 (9) is at the own responsibility of the sharing User (see Clause 9 (8)). The Platform may also provide a chat function between Users to allow a User to share projects and/or analysis results with (1) other Users and/or (2) with the Provider, where the function allows the User to share instantly such information (“Chat Function”). By using the Chat Function, the User agrees that its information transmitted via the Chat Function will be processed by the Provider and/or the other User and that the User that initiated the Chat Function may be contacted by the Provider and/or another User.

(10)The Platform further enables the User to allow other Users to share their analysis results with that User. Whether the User can only view these or also edit them in accordance with Clause 2 (6) depends exclusively on the sharing User. The Provider and Platform have no influence on the type, content and scope of the shared analysis results. The User with whom such analysis results are shared will only use them in accordance with these regulations.

(11)The Platform provides a function for requesting support (Support Function). This allows the User to contact the Provider regarding technical and content-related questions. It is up to the Provider whether and to what extent he responds to this. By using the Support Function, the User agrees that its request transmitted via the Support Function will be processed by the Provider and that User will be contacted by the Provider

(12)In accordance with Clause 1, the analysis and optimization proposals provided by the Provider on the basis of the CAD data transmitted by the User on the Platform are suitable exclusively in research and development projects of the User or other third parties. The design models transmitted by the Provider are expressly not suitable for use in commercial production or series production or intended for use in prototypes, individual and series production. The Provider also expressly does not make them available for such purposes. Furthermore, the identification of weak points is exemplary (cf. Clause 2, Paragraph 6) and therefore not comprehensive and conclusive. Therefore, the analyses and corresponding optimization suggestions are neither intended to replace nor to surpass highly specialized simulation tools. The User shall, after performing the initial analyses by means of the Technology provided by the Provider on the Platform, perform its own detailed analysis with appropriately suitable simulation tools under its own responsibility. In no case is the Technology provided by the Provider on the Platform suitable to replace other approval procedures or approval processes, whether by personnel or software.

(13)The use of the Platform is enabled by the Provider free of charge. The Provider is free to change this model at any time. The Provider will inform the User of this in good time, being no less than seven days according to Clause 12. The User can then decide whether or not to continue using the Platform under the changed conditions.

(14) The use of the Platform is exclusively subject to these Terms of Use and the information provided on the Platform. Deviating or conflicting terms and conditions are not part of the contract with the Provider, unless the Provider has expressly agreed to them in writing.

(15)Provider has the right to collect and process data, excluding personal data, related to the amount and frequency of feature usage of the Platform in an aggregated form including, but not limited to, amount of projects on the Platform, time spent on projects, number of accounts under a specific User and time usage of each account, errors.

3. Conclusion

The Terms of Use are concluded as follows:

(1) The provision of the Platform basis constitutes a binding offer which the User accepts upon commencement of use.

(2) The Terms of Use are concluded immediately upon commencement of use.

(3) The Terms of Use are concluded in the English language.

(4) These Terms of Use are stored accordingly by the Provider and are accessible to the User on the Platform at any time.

4. Provision of the Platform

(1) The Provider shall provide appropriate access to the Platform and enable its use whilst the User is eligible to use the Platform. The Provider shall provide access to the Platform in an environment hosted by it or a third party, which enables the User to use the Platform via the Internet without having to install and operate the software in its own IT infrastructure.

(2) The Provider shall endeavor to maintain the availability of the Platform for use by the User at the gateway between the public Internet and the Provider's network of hosting servers. The Platform is available when it is usable at the gateway between the public Internet and the network of the Provider's hosting servers.

(3) The Provider shall endeavor to ensure the trouble-free operation of the Platform during the Provider's usual business hours in Germany. Outside the Provider's usual business hours in Germany, the Platform may be accessible to the User, but the Provider does not guarantee access or the trouble-free operation of the Platform.

(4) The Provider is free to restrict access to the Platform in whole or in part, temporarily or permanently, due to maintenance work, capacity bottlenecks and other events beyond its control. In principle, the Provider shall use reasonable efforts to maintain the Platform outside normal business hours, unless an immediate event requires maintenance during normal business hours.

5. Duties of the User

(1) The User is solely responsible for all content that the User uploads, publishes or otherwise makes publicly available via the Platform. The Provider does not check the content, and in particular does not check the content for completeness, accuracy, legality, availability, quality or suitability for a particular purpose.

(2) The User is prohibited from carrying out activities on or in connection with the Platform that violate applicable law or the rights of third parties. In particular, it is the User’s sole responsibility to ensure the CAD data transmitted by the User and all related data and information transmitted by the User to the Provider and/or Platform do not and shall not infringe upon any prior rights of any third parties. The User, on behalf of the User and the User’s employer, assures the Provider of this and further shall indemnify the Provider in relation to any loss, damage or expenses arising out of or as a result of breach of this assurance and/or Clause 5(2).

(3) If the User shares analysis results with other Users, the sharing User thereby assures the Provider that the User is authorized to share this content, that this is within the scope of the applicable law and these Terms of Use, that the User does not infringe upon the rights of third parties or otherwise interfere with the legal positions of third parties, and that public law regulations to be observed (e.g. trade controls) are complied with. Any use in violation of this shall constitute use of the Platform contrary to these Terms of Use. The User shall indemnify the Provider in relation to any loss, damage or expenses arising out of or as a result of breach of this Clause 5(3). This applies accordingly to the use of the Chat Function

(4) When using the Support Function as defined in Clause 2 (11), the User shall provide all information necessary to answer the inquiries. In particular, information from the Provider on material properties or on properties of the analysis and optimization suggestions shall be provided exclusively under the conditions according to Clause 2 (12).

(5) If another User shares analysis results with a User, the receiving User shall, depending on the form of sharing, view the analysis results shared exclusively on the Platform (Clause 2(4)) or process the analysis results exclusively in accordance with Clause 2(6). All other acts of use are prohibited and constitute use of the Platform contrary to these Terms of Use. This applies accordingly to the use of the Chat Function.

(6) In addition, the User is prohibited from performing the following activities regardless of any violation of the law:

• the spread of viruses, Trojans and other malware;
• sending junk or spam e-mails and chain letters;
• The dissemination of offensive, sexually oriented, obscene or defamatory content or communications, as well as content or communications that promote or support racism, bigotry, hatred, physical violence or illegal acts (in each case, explicitly or implicitly);
• harassing other Users, e.g. through multiple personal contacts without the consent or against the will of the other User, as well as promoting or supporting such harassment;
• asking other Users to disclose passwords or personal data for commercial or illegal purposes;
• the distribution and/or public reproduction of the content available on the Platform.

(7) The User is obliged to keep account access data secret and to protect it from access by third parties. If the User becomes aware of the loss or misuse of such access data or the suspicion of misuse of the User account, the User and/or the User’s employer must inform the Provider immediately. The disclosure of access data to third parties is prohibited. If the User leaves the company in whose name User has obtained access to the Platform pursuant to Clause 2 (1), the User shall notify the Provider thereof without undue delay. The User account will then be blocked and deleted by the Provider after twelve weeks. The User shall be responsible for backing up the User’s data. Should the Provider become otherwise aware of such a change, it shall proceed accordingly.

(8) The User shall provide CAD data of component geometry in the file formats STP or STL. The CAD data must meet the mechanical and physical requirements necessary for the component, cf. item 2 (5).

(9) The User shall, after performing the initial analyses by means of the Technology provided by the Provider on the Platform, perform a detailed analysis with appropriately suitable simulation tools outside of the Platform. In no circumstance shall the Technology provided by the Provider on the Platform be suitable to replace other approval procedures or approval processes, whether by personnel or software.

(10)The User shall indemnify the Provider (, as well as it employees, officers, directors, shareholders, agents, successors and assigns) against all claims, actions, damages, costs, fines and expenses (including reasonable legal costs and expenses) or other liabilities arising out of or in connection with the User's content (including the sharing of analysis results) on the Platform. This applies in particular to all claims and liabilities arising (i) from any potential infringement of prior third parties rights by the information/data provided by the User (ii) from the use of the analyses and optimization suggestions provided to the User by the Provider (iii) from the sharing of analysis results or the use of such analysis results, (iv) using the Chat Function and/or (v) breach of the obligations set out in Clause 6. This results in particular from the only exemplary automatic selection of vulnerabilities by the Technology of the Provider and the dependence of the analyses on data of the User as well as the sharing of analysis results among the Users independent of the Provider.

(11)The Provider reserves the right to exclude Users from using the Platform at any time, in particular if these Terms of Use (especially the use of the analyses and optimization suggestions provided by the Provider), applicable law or the rights of third parties are violated. The Provider is entitled to block or delete all content without prior notice if the content violates these Terms of Use and/or applicable law.

6. Intellectual property rights

(1) Subject to acknowledgement of and compliance with these Terms of Use by the User, the Provider grants the User the non-exclusive, worldwide right, limited in time for the duration, to use the Platform in accordance with these Terms of Use. Most of the content available on the Platform and in particular the source code are protected by copyright or other intellectual property rights. The owners of the rights are the Provider, its business partners or other third parties who have provided the relevant content. The Platform and the content made available on the Platform may therefore not be modified, extended, edited, copied and/or otherwise distributed by the User. The Provider points out that parts of the Platform and the simulation/design software are open source software.

(2) With the "Share" function (Clause 2 (9)), the User can grant other Users of the Platform access to analysis results of the CAD files uploaded by that User. The User grants the other Users the right of use to the analysis results required for this purpose. This right of use exclusively comprises the viewing of the analysis results in the Platform as well as - if granted - the possibility of processing according to Clause 2 (6). Further rights of use are not granted by the User.

(3) The User agrees not to reproduce, distribute, modify or create derivative works of the Platform, the Technology, or any other component thereof, and not to reverse engineer or decompile the Platform or the Technology, except as permitted by mandatory law.

(4) The User grants the Provider the non-exclusive, irrevocable, worldwide, royalty-free right to use the CAD data as well as related information/data that the User provides or has provided to the Provider via the Platform or otherwise, for the generation of analyses and optimization suggestions as well as the technical possibility to share content between the Users within the meaning of Clause 2 (9) and (10). This right is transferable or sublicensable to companies affiliated with the Provider as well as third parties that the Provider has commissioned or commissions to perform tasks within the scope of the Platform or the interpretation of the User's CAD data. The Provider shall make the information and data available to such third parties and companies affiliated with it that support it in the fulfillment of its tasks or that are required for organizational reasons. The right of use also expressly includes use of the CAD data/information for the further development of the algorithms/logics of the CAE system of the Provider, for example for the purpose of machine learning and deep learning. The Provider's right of use ends with the provision to the User of the analyses and optimization proposals generated by the Provider on the basis of the CAD data/information provided by the User. The Provider declares that a use of the Provider's simulation/design software by the Provider or its customers or other third parties of correspondingly further developed algorithms/logics does not constitute a use of the CAD data/information. Such use shall be independent of such data/information. By way of clarification, it is therefore mentioned that the Provider is free to use its (software) products.

(5) The Provider grants the User a non-exclusive, worldwide, irrevocable, royalty-free, transferable and sublicensable right of use to the analyses and optimization proposals generated by the User on the basis of the CAD data/information provided by the User, which is limited to the scope set forth in Clause 2. This right of use expressly does not include the use of the analysis results for the (further) development for components or their use in the individual and series production of the User or other third parties.

(6) The Platform, (including but not limited to any graphics, video clips, diagrams, photos and illustrations, user interfaces, audio clips, and editorial content) may contain protected content and materials of Provider, its affiliates, or third parties. All rights thereto are held by Provider, its affiliates, or third parties. The User is not authorized to use any such protected content or materials in any manner whatsoever except within the scope of the use of the Platform as intended in accordance with these Terms of Use.

(7) The “BASF” word mark, the BASF logo and other trademarks used in connection with the Platform are trademarks used or registered by Provider or its affiliates. Other trademarks used in connection with the Platform may be the trademarks of other rights holders. In this regard, BASF reserves all rights in and to the Platform that have not been expressly granted to the User under these Terms of Use. The User is consequently granted no rights and no licenses with regard to the aforementioned trademarks and their use within the scope of the Platform.

(8) These Terms of Use also apply to all updates and/or upgrades that are made available by Provider and replace or supplement the Platform, unless such an update and/or upgrade is subject to separate terms of use.

7. Term and termination

(1) The Terms of Use are concluded for the duration of the use of the Platform by the User and can be terminated with in text form (e.g. by e-mail). The User shall be informed of this in advance within a reasonable period of time dependent on the reason for termination. Upon termination, the right to use the Platform by the User shall expire; any rights of use of the Provider to the CAD files/information shall also expire upon termination. Notwithstanding the foregoing, the provisions of Clauses 2 (9), 5 (6), 6 (3) and (4) and Clauses 8, 9 and 11 shall continue to apply. The Terms of Use can also be terminated by deleting the User account. Notices of termination to the Provider shall be sent to ultrasim@basf.com. Sentences 2 and 3 of this paragraph apply accordingly.

(2) The right to terminate these Terms of Use with immediate effect for good cause remains unaffected.

(3) Notice of termination shall be given in text form (e.g. by e-mail).

(4) Upon termination of these Terms of Use, the User shall immediately cease using the Platform and acknowledges that the Provider may block the User's access to this Platform.

(5)

(6) After successful termination, the User account can be deleted. The Provider may retain data in accordance with data protection regulations in order to comply with any legal obligations or to be able to defend itself against claims raised at a later date. The grant of rights by Provider to User under Sections 6(1) and 6(5) remain in effect until termination by the User or by Provider (”User Rights”).

(7) Both, User and Provider may terminate these User Rights at any time. The User may terminate the User Rights at any time without cause by discontinuing usage of the Platform.

(8) The User Rights will lapse in the event of notice of termination, such that the User is no longer entitled to use the Platform. Upon termination the User must discontinue any use of the Platform.

8. Defect rights

The Platform is provided “as is” and the Provider gives no warranties. This exclusion does not apply to claims of the User due to defects that the Provider has fraudulently concealed.

9. Limitation of liability

(1) The Provider shall make the Platform available to the extent set forth in Clause 2. Any other use shall not be covered by the scope of the service provided by the Provider, in particular use for prototype production and development as well as use within the scope of individual and series production. Furthermore, the User shall fulfill its obligations with regard to the analysis results in accordance with Clause 2 (11) and Clause 5 (8).

(2) Due to the provision of the Platform free of charge, the Provider’s liability shall be limited to cases of willful misconduct and gross negligence, exclusively for damages incurred by the User through or as a consequence of the use of the Platform to the extent set forth in Clause 2 as well as in the performance of the User's obligations pursuant to Clause 5, unless otherwise provided for in this Clause 9. Nothing in these terms shall limit or exclude any liability that cannot be validly limited or excluded under applicable law.

(3) Provider provides the Platform and the preparation of analyses and optimization proposals with reasonable care and only "as is", also weaknesses are only shown by way of example, not comprehensively and not conclusively (item 2 (6)).

(4) The Provider does not make any representations or warranties with respect to the Platform or the analyses and optimization suggestions it provides.

(5) In the case of simple negligent breaches of essential contractual obligations, the liability of the Provider shall be limited to compensation for typical, foreseeable damages; in the case of simple negligent breaches of non-essential contractual obligations, liability of the Provider shall be excluded.

(6) ANY FURTHER LIABILITY OF THE PROVIDER IS HEREBY EXCLUDED AND IN NO EVENT WILL PROVIDER BE LIABLE TO USER, USER AFFILIATES, USER EMPLOYER, USER REPRESENTATIVES, OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOST REVENUES OR PROFITS) ARISING FROM OR RELATING TO THESE TERMS OF USE, REGARDLESS OF WHETHER PROVIDER WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF.

(7) The User is liable for all damages caused by User, the Provider and/or third parties due to faulty CAD data. Furthermore, User is liable to other Users for all damages caused to them due to the sharing of analysis data or exchanging information by using the Chat Function. The User shall indemnify the Provider against claims of third parties which are asserted against the Provider due to faulty CAD data, the use of the analysis results contrary to these Terms of Use or in the event of non-fulfillment of the User's obligations pursuant to Clause 5.

(8) If the User shares content or using the Chat Function with another User in accordance with Clause 2 (9), the sharing User is liable for all damages incurred by him, the Provider or third parties. This applies accordingly to the User who uses content shared with according to Clause 2 (9). The Users indemnify the Provider from claims of third parties, which are asserted against the Provider due to the use of the analysis results contrary to these Terms of Use or in case of non-fulfillment of the Provider's obligations according to Clause 5.

In particular, the User is responsible for making backups of his system, including its information on the Platform.

10. Privacy

(1) Certain information collected via the Platform is subject to the Privacy Policy found at https://www.basf.com/us/en/legal/data-protection.html and otherwise accessible within the Platform. Additional information on the processing of personal data is provided within the framework of the Platform.

(2) The User warrants to comply with applicable data protection laws when providing personal data to the Provider, e.g. via the Platform.

11. Confidentiality

(1) The User and the Provider are obligated to treat as confidential and to keep secret any confidential information of which they become aware, in particular in connection with the use of the Platform. The Provider shall treat as confidential and keep secret the analyses of the User's CAD data prepared by the Platform. The User shall treat as confidential and keep secret all information made available to him within the scope of the Platform.

(2) "Confidential Information" includes all information of the respective disclosing party:

• about the functionality of the Platform (including all information in the form of e.g. algorithms, about the CAE competence of the Provider);
• Material data of the Provider
• the CAD data provided by the User;
• Business and trade secrets marked as such;
• the CAD data of the User's component geometry;
• on the preparation and/or calculation of the analyses and optimization proposals;
• and which- verbally, in writing, electronically or in any other form- is marked as confidential, described as such or otherwise made recognizable as such at the time of disclosure or recognition, or which is recognizable as confidential due to the circumstances of disclosure or its nature or content, or which was derived from Confidential Information of the disclosing party. This shall only apply to Confidential Information transmitted via the Platform;

(3) Such confidential information is exempt from this obligation,

• which were demonstrably already known to the User or the Provider at the time of the conclusion of the Terms of Use or which were or will be disclosed to the User or the Provider by a third party without, to the User's or the Provider's knowledge, violating any confidentiality agreements, statutory provisions or official orders;
• which are publicly known at the time of conclusion of the contract or are published later, unless this is due to a violation of these Terms of Use;
• which the receiving party has developed itself or obtained from other third parties without recourse to the Confidential Information;
• which the receiving party passes on to a third party with the express consent of the providing party;
• which must be disclosed by law or by order of a court or authority. To the extent permissible and possible, the party obligated to disclose shall inform the respective other party in advance and grant it the opportunity to take action against the disclosure.

(4) User or Provider may disclose Confidential Information to its personnel and/or subcontractors and professional advisors to the extent necessary to fulfill its obligations under these Terms of Use, or if and to the extent such disclosure is necessary to comply with mandatory applicable law, provided that the receiving Party ensures that the recipient of the Confidential Information is bound by confidentiality obligations substantially similar to those set forth in this Clause.

(5) This confidentiality obligation shall continue to apply even after termination of the Terms of Use.

(6) The Confidential Information shall remain the sole property of the disclosing party and shall be surrendered or destroyed upon its written request upon termination of the cooperation. Whether Confidential Information of the User shall be released to the User or destroyed shall be at the discretion of the Provider. The complete destruction or deletion is to be confirmed in text form. Routine back-ups as well as such Confidential Information and copies thereof that are subject to a statutory retention obligation or are necessary for the defense against unjustified claims shall be exempt from the obligation to return or delete. For these, the provisions of these Terms of Use shall continue to apply.

12. Changes

(1) Changes to the Terms of Use. These Terms of Use shall always apply in their current form, which can be accessed at https://ultrasimweb.basf.com/molded/terms_of_use each time the Platform is used by the User. The User will be notified of any changes to these Terms of Use via an e-mail address provided by the User no later than seven days prior to the change. Unless the User objects, any such notified changes shall be deemed accepted by the User. The objection is to be communicated to the Provider to the e-mail address ultrasim@basf.com. In the event of an objection, the User relationship shall be terminated extraordinarily and without further notice by the Provider. The provisions of Clause 7 shall apply accordingly. The User account of the User will then be blocked and deleted after an appropriate period of time.

(2) Changes to the Platform. Provider reserves its right to change or modify the functionalities included in the Platform or to offer deviating functionalities, unless this is unreasonable for the User (e.g. in case the User has acquired certain functionalities against charge). Furthermore, Provider reserves its right to change or modify the functionalities or to offer deviating functionalities in case (i) Provider is obliged to make the offered functionalities compliant with applicable law, especially in case the legal situation changes; (ii) Provider is obliged to comply with a court decision or a decision of legal authorities; (iii) the modification or change is necessary in order to close security gaps; (iv) the modification or change is solely advantageous for the User; (v) the modification or change is purely technical or procedural in nature without substantial impact to the User. Changes and modifications with only minor impact to the functions of the Platform shall not be deemed to be considered changes to the Platform in the meaning of this section. This applies in particular with regard to changes of pure graphical nature and the mere change of arrangement of functions.

13. Export Control

The User is not permitted to use the Platform or otherwise export the results obtained from the Platform except as permitted by the laws of the USA and those of the country in which the Platform was accessed. In particular, the Platform is not permitted to be used in (a) countries embargoed by the USA or (b) persons who are listed on the list of “Specially Designated Nationals” of the U.S. Treasury Department or the “Denied Persons” or “Denied Entity” list of the U.S. Department of Commerce. By using the Platform, the User affirms that he or she is not located in any of these countries and is not listed on any of these lists. The User shall not use the Platform for purposes that are prohibited under the laws of the USA, particularly not to develop, design, manufacture or produce nuclear weapons, missiles, or chemical or biological weapons.

14. Miscellaneous

(1) These Terms of Use constitute the entire agreement between the User and Provider related to the Platform. These Terms of Use supersede any prior agreements between the User and Provider related to the Platofrm.

(2) If one or more provisions of these Terms of Use are invalid or unenforceable due to a violation of applicable law or for any other reason, the remaining Terms of Use shall remain valid. The invalid or unenforceable provision shall be replaced by a valid, enforceable provision that most closely reflects the mutual understanding of the parties.

(3) Provided that the User is a resident of the People's Republic of China, the User hereby confirms that it will not upload or otherwise disclose to the Provider any personal data and important data collected and produced by critical information infrastructure operators. Further, a User residing in the People's Republic of China will not upload files for military purposes that are used for critical infrastructure.

(4) Failure by Provider to assert a right or provisions of these Terms of Use does not constitute a waiver of such right or provision. Provider is not responsible for non-fulfillment of obligations for reasons not imputable to Provider.

(5) The validity, interpretation and implementation of these Terms of Use shall be governed by the laws of the state of New Jersey, excluding (i) its conflict of laws provisions and (ii) the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980.

There is no German version for the Terms of Use of country group 2