END-USER LICENSE AGREEMENT Important - Read carefully: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Author of this Software ("SmallTrade") for the Software "SCR Calculator", which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("Software"). The Software also includes any updates and supplements to original software provided to you. By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree to any of the terms of this EULA, you are not permitted to use the Software in any way, and all copies of it must be deleted from your system(s). SCOPE OF LICENSE. The software is licensed, not sold. These license terms only give you some rights to use the software. SmallTrade reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in these license terms. In doing so, you must comply with any licensing technical limitations in the software that only allow you to use it in certain ways. In addition, you may not: - work around any licensing technical limitations in the software; - reverse engineer, decompile or disassemble the software, or otherwise attempt to derive the source code for the software, except and only to the extent required by third party licensing terms governing use of certain open source components that may be included with the software; - remove, minimize, block or modify any notices of SmallTrade or its suppliers in the software; - use the software in any way that is against the law; - share, publish, rent or lease the software; or - provide the software as a stand-alone offering or combine it with any of your applications for others to use, or transfer the software or this agreement to any third party. DEFINITIONS - "Commercial Use": Works based on the Software for general purpose and commercial distribution, or, use of the Software (either in whole or in part) whether payment, profit or financial gain is sought directly or indirectly, regardless of whether payment or gain is actually realized. - "Enterprise": is any organization and its affiliates who collectively have either 1. more than 250 PCs or users, or 2. one million U.S. dollars (or the equivalent in other currencies) in annual revenues - "Affiliates" means those entities that control (via majority ownership), are controlled by, or are under common control with an organization. TERMS AND CONDITIONS 1. GRANT OF LICENSE. SmallTrade grants you the rights described in this EULA provided that you comply with all the terms and conditions of this EULA: a. General Software License Grant. You are granted a right to install the Software and use it in order to calculate Solvency Capital Requirements under the various regulatory regimes considered within the Software. SmallTrade grants the use of the Software according to one of the license types below as identified in the product title. All entities must have a separate license. i. Trial License (free). Use of the the Software under the trial license with full functionalities shall be limited to typically 30 days. After the trial period expires, access to non-Solvency II Portfolio SCR and to Solvency II Portfolio SCR for more than 10 assets will be restricted. However, Solvency II Portfolio SCR calculation for up to 10 assets and all other regimes' single asset SCR calculations, will still work; and you can use these functionalities for commercial purpose. ii. Professional License. If you are an individual or a small company that does not meet the Enterprise definition above, and you paid the annual subscription fee to a Professional License, SmallTrade grants to you one personal, non-transferable, non-exclusive, royalty-free license to install and use the Software on up to 3 machines for your single concurrent internal use. Use of the Software by other individuals is permitted only if said other individual has been licensed to use the Software. iii. Enterprise License. If you are an enterprise and paid the annual subscription fee to an Enterprise License, you may install this Software on an unlimited number of machines within your company. You may duplicate and distribute this product within your company, provided that each copy is a true and complete copy, including all copyright and trademark notices, and includes a copy of this EULA. You may not duplicate or distribute the Software outside of your company. Use of the Software by other individuals outside of your company is permitted only if said other individual has been licensed to use the Software. b. Redistribution. i. You are granted a royalty-free license to redistribute in binary form any components of the Software explicitly marked as redistributable provided that you provide all technical support for the distribution, you do not allow recipients to disassemble, decompile, or in any other way allowing them to gain separate access to the Software or any part of the Software. ii. SmallTrade is not obligated to provide support for works derived from the Software. c. Disassembly. You may not modify this product in any manner. You shall not, nor allow others to copy, in whole or in part, emulate, sub-licence, sell, transfer, exploit, alter, modify or adapt the Software nor decompile, dissemble or reverse engineer the same nor attempt to do such thing. d. Reservation of Rights. SmallTrade reserves all rights not expressly granted herein. 2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. a. Rental. You may not lease or rent the Software. b. Proprietary notices. You may not remove any proprietary notices or labels on the Software. c. Consideration. For the rights and license granted in this EULA you will pay SmallTrade the currently published retail price available at scrcalculator.com or another mutually agreed upon amount to appear on a valid invoice. d. Termination. Without prejudice to any other rights, SmallTrade may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts. e. Term. The term of this EULA shall continue perpetually from the date of purchase unless terminated according to the provisions in section 2(d). f. Non-Competition of Derived Works. You agree that you will not use the Software to develop derived works that offer similar functionality as the Software, expose the features of the Software for use by an unlicensed third party. For a period of six (6) months from the date of purchase, you agree not to create software that might directly compete with SmallTrade products at the time of the purchase. 3. SOFTWARE MAINTENANCE AND UPDATES a. SmallTrade periodically releases updates to existing versions, and also complete new versions, of the Software. For as long as an annual subscription fee is paid in time, updates and new versions are free of additional costs. b. SmallTrade is not obligated to, but may at its own option, provide free email support. c. If this copy of the Software is an upgrade from an earlier version of the Software, it is provided to you on a license exchange basis. You agree by your installation and use of such copy of the Software to voluntarily terminate your earlier EULA and that you will not continue to use the earlier version of the Software or transfer it to another person or entity unless such transfer is otherwise valid according to the terms of this EULA. 4. DATA. THE SCR CALCULATOR STRICTLY PROTECTS USER DATA CONFIDENTIALITY. Login and EIOPA data download are the only two steps that require internet connection. No information about the financial instruments or portfolios that you are calculating using the calculator are collected. You can verify this by: log in, see the "EIOPA data" to have the "DONE" in green, then turn your computer into fly mode and continue using the calculator; Only when you change the Valuation Date, will you have to reconnect to the internet so that you can download a new set of EIOPA data. When you log in, we do record your IP address and device characteristics such as computer name. This information is kept strictly confidential and primarily for us to maintain the security and operation of our Services, to ensure the user does not install the software on more than the total allowed number of machines, and for our internal analytics and reporting purposes. Our privacy statement is located at https://www.scrcalculator.com/privacy_policy.php. Your use of the software operates as your consent to these practices. 5. EXPORT RESTRICTIONS. You must comply with all domestic and international export laws and regulations that apply to the software, which include restrictions on destinations, end users and end use. 6. CONSUMER RIGHTS; REGIONAL VARIATIONS. These license terms describe certain legal rights. You may have other rights, including consumer rights, under the laws of your state or country. You may also have rights with respect to the party from which you acquired the software. This agreement does not change those other rights if the laws of your state or country do not permit it to do so. For example, if you acquired the software in one of the below regions, or mandatory country law applies, then the following provisions apply to you: a. Australia. You have statutory guarantees under the Australian Consumer Law and nothing in these license terms is intended to affect those rights. b. Canada. You may stop receiving updates on your device by turning off Internet access. c. Germany and Austria. (i) Warranty. The properly licensed software will perform substantially as described in any SmallTrade materials that accompany it. However, SmallTrade gives no contractual guarantee in relation to the software. (ii) Limitation of Liability. In case of intentional conduct, gross negligence, claims based on the Product Liability Act, as well as in case of death or personal or physical injury, SmallTrade is liable according to the statutory law. Subject to the preceding sentence (ii), SmallTrade will only be liable for slight negligence if SmallTrade is in breach of such material contractual obligations, the fulfillment of which facilitate the due performance of this agreement, the breach of which would endanger the purpose of this agreement and the compliance with which a party may constantly trust in (so-called ¡°cardinal obligations¡±). In other cases of slight negligence, SmallTrade will not be liable for slight negligence. 7. COPYRIGHT. All title and copyrights in and to the Software (including but not limited to any images, photographs, text, and "applets" incorporated into the Software), the accompanying printed materials, and any copies of the Software are owned by SmallTrade. The Software is protected by copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material. 8. LIMITATION OF LIABILITY. a. No warranties. SmallTrade expressly disclaims any warranty for the Software. The Software and any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the Software remains with you. b. No liability for damages. To the maximum extent permitted by applicable law, in no event SmallTrade is liable for damages, including any general, special, incidental or consequential damages arising out of the use or inability to use this product (including but not limited to loss of data, or data being rendered inaccurate, or losses sustained by you or third parties, or a failure of the program to operate with any other programs), even if SmallTrade has been advised of the possibility of such damages. 9. MARKETING. You agree to be identified as a customer of SmallTrade and that SmallTrade may refer to you by name, trade name and trademark, if applicable, and may briefly describe your business in SmallTrade's marketing materials, on SmallTrade's web site, in public or legal documents. You hereby grant SmallTrade a license to use your name and any of your trade names and trademarks solely pursuant to this marketing section. 10. DISCLAIMER. THIS SOFTWARE IS PROVIDED "AS IS", WITHOUT A WARRENTY OF ANY KIND. THE AUTHOR OF THIS SOFTWARE ("SMALLTRADE") DON'T TAKE ANY RESPONSE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THE SOFTWARE. IN NO EVENT WILL SMALLTRADE BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SMALLTRADE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AUTHOR DOES NOT WARRANT THAT SMALLTRADE SCR Calculator IS FREE FROM BUGS, ERRORS, OR OTHER PROGRAM LIMITATIONS. LIMITATION OF LIABILITY AND DAMAGES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AUTHOR IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO: DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE AUTHOR WILL NOT BE SUBJECT TO LIABILITY FOR ANY BUGS OR DAMAGES CAUSED BY CERTAIN SCR Calculator FEATURES. 9. LANGUAGE OF AGREEMENT. You agree that this EULA be drafted in the English language. EULAID: SCR Calculator_2024_ENU.1110