SHANGHAI TOSUN TECHNOLOGY LTD. & TSMASTER SOFTWARE LICENSE AGREEMENT

CAREFULLY READ THIS SOFTWARE LICENSE AGREEMENT ("AGREEMENT"). BY DOWNLOADING THE SOFTWARE AND/OR CLICKING THE APPLICABLE BUTTON TO COMPLETE THE INSTALLATION PROCESS, OR BY OTHERWISE EXECUTING THE APPLICABLE QUOTE (DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BECOME A PARTY TO THIS AGREEMENT AND BE BOUND BY ITS TERMS AND CONDITIONS, DO NOT INSTALL OR USE THE SOFTWARE, AND RETURN THE SOFTWARE (WITH ALL ACCOMPANYING WRITTEN MATERIALS AND THEIR CONTAINERS) WITHIN THIRTY (30) DAYS OF RECEIPT. ALL RETURNS TO TOSUN WILL BE SUBJECT TO TOSUN'S THEN-CURRENT RETURN POLICY. IF YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF AN ENTITY, YOU AGREE AND REPRESENT THAT YOU HAVE AUTHORITY TO BIND THE ENTITY TO THIS AGREEMENT, AND REFERENCES HEREIN TO "YOU" AND "YOUR" SHALL MEAN SUCH ENTITY. "Quote" means the quotation or similar ordering document issued by TOSUN to you for the purchase of a Software license, and which references, hyperlinks to, or otherwise incorporates by reference, this Agreement. 

The terms and conditions of this Agreement apply to the computer software provided with this Agreement, all updates or upgrades to the software that may be provided later by TOSUN as part of any maintenance, technical support, or other services program for the software, including during any renewal term (unless such update, upgrade, or renewal comes with separate software license terms), and all accompanying documentation, utilities, and Driver Interface Software (collectively "Software" or "SOFTWARE"). The term Software does not include certain third party software that TOSUN provides to you but that is subject to separate license terms either presented at the time of installation or otherwise provided with the Software ("Third Party  Software"), and Software does not include Source Code, which is defined in and licensed pursuant to the terms set forth in Addendum A – Source Code License.

1.	Grant of License; Restrictions

A.	In consideration of, and conditioned upon, your payment of any applicable fees to SHANGHAI TOSUN TECHNOLOGY LTD. and subject to the terms set forth in this Agreement, SHANGHAI TOSUN TECHNOLOGY LTD., hereby grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right and license, during the applicable License Term, to install and use the Software only in the specific configuration allowed by the license type identified in the applicable documentation provided by SHANGHAI TOSUN TECHNOLOGY LTD. to you (the "License"). Unless otherwise provided in this Agreement (including without limitation the Quote) or in the applicable documentation provided by SHANGHAI TOSUN TECHNOLOGY LTD. to you, the applicable License type is a named user License, and the term of the License ("License Term") is specified in the Quote. With the exception of Authorized Applications (as hereinafter defined), the Software is for your internal use only. Your License is subject to whatever usage or consumption limitations, entitlements, and parameters may be specified in the Quote ("License Scope"). 

B.	Restrictions. You must not violate any applicable laws in your use of the Software. As a condition to the License, and unless and only to the extent that this Agreement expressly permits otherwise, you must not

i.	modify, translate, port, or create derivatives of the Software;

(ii)	install or use the Software in a floating, concurrent, or any other shared context;

(iii)	distribute or otherwise make the Software (or any password, key, or other access code for the Software) available to any third party (such as offering it as part of a time-sharing, outsourcing or service bureau environment);

(iv)	publicly perform or display the Software;

(v)	reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or non-literal aspects (such as the underlying structure, sequence, organization, file formats, non-public APIs, ideas, or algorithms) of, the Software, unless and only to the extent that applicable law expressly prohibits this restriction;

(vi)	defeat or work around any access restrictions or encryption in the Software, unless and only to the extent that applicable law expressly prohibits this restriction;

(vii)	sublicense, lease, lend, or rent the Software;

(viii)	remove, minimize, block, or modify any titles, logos, trademarks, copyright and patent notices, digital watermarks, disclaimers, or other legal notices that are included in the Software, whether or not they are SHANGHAI TOSUN TECHNOLOGY LTD. or a third party's; cause any of the Software, including any Software included in an Authorized Application, to become subject to a license that requires, as a condition of use, modification, or distribution, that (a) code subject to the license be disclosed or distributed in source code form or (b) others have the right to modify or create derivative works of the code subject to the license;

(ix)	employ any hardware, software, device, or technique to pool connections or reduce the number of users or endpoints that access or use the Software (sometimes referred to as 'virtualisation', 'multiplexing' or 'pooling');

(x)	use the Software in connection with any stress test, penetration test, or vulnerability scanning, or otherwise publish or disclose (without SHANGHAI TOSUN TECHNOLOGY LTD.'s prior express written approval) any of the results of such activities or other performance data of the Software;

(xi)	use any Software scripting functionality to create an application that performs the functionality of an editor for a graphical programming environment.

C.	Your use of the Software must also be in accordance with the applicable documentation that accompanies the Software and not in any manner that circumvents or is intended to circumvent such documentation or the intent of this Agreement. Without limiting the generality of the foregoing, you shall not use any technical or other means within, or external to, the Software to exceed or circumvent the License Scope.

D.	You may make a reasonable number of copies of the Software solely for backup or archival purposes and a reasonable number of copies of the documentation that accompanies the Software solely for your internal use in connection with your use of the Software. The Software must be promptly uninstalled from your computers upon the earlier of expiration of the License Term or termination of this Agreement .

E.	Unless specified otherwise in the Quote, the Software will be delivered to you electronically. The Software shall be deemed accepted by you upon delivery. 

2.	License Types

	Hardware-Based License. 

3.	Third Party Contractors. Your third party contractors may access and use the Software, provided that they do so solely for your benefit, they agree to use the Software solely in accordance with the terms of this Agreement, and you agree to remain liable to SHANGHAI TOSUN TECHNOLOGY LTD. for any acts and omissions of such contractors (including without limitation any breach by your contractors of this Agreement).

4.	Software Services. If you have purchased a perpetual license, you may be required to purchase upgrades or maintenance, technical, or other services for the Software (“Software Services”) separately. Except as otherwise provided under a special license type or license program, if you have purchased a term license, the fee for Software Services is included within the fees quoted for the entire License Term.

5.	License Models; Agreement Term; Termination and Expiration

Subscription License Model. Unless otherwise specified in the Quote, your License is a term-based license (also referred to as “Subscription License”). The License Term will commence on the date of our invoice to you, unless terminated pursuant to the provisions in this Agreement or your Quote specifies otherwise. Upon expiration of the License Term, your Subscription License will automatically renew for an additional year, unless either party notifies the other at least thirty (30) days prior to the commencement of the renewal term that it  wishes not to renew. The price for a renewal may change from time to time at SHANGHAI TOSUN TECHNOLOGY LTD.’s discretion. In such event, SHANGHAI TOSUN TECHNOLOGY LTD. will provide you with an updated quote at least sixty (60) days prior to the termination of the current License Term. If you do not agree to the new price, you may provide notice of intent not to renew thirty (30) days prior to the commencement of the renewal License Term.

A.	Perpetual License Model. If you have purchased a license and the license is specified in the Quote as "perpetual", your License, and accordingly the License Term, will be perpetual and, unless terminated pursuant to the provisions herein, you have the right to use the Software in accordance herewith indefinitely (“Perpetual License”).「

B.	Term of Agreement. Unless terminated earlier in accordance herewith, this Agreement remains in effect for the duration of the applicable License Term (the "Term"). 

C.	Termination. SHANGHAI TOSUN TECHNOLOGY LTD. conditions its License grant on you complying with the terms set forth in this Agreement, and this Agreement will automatically terminate, immediately and without prior notice, if you fail to comply with its terms.

D.	Effect of Termination or Expiration. Upon termination or expiration of this Agreement, regardless of the reason, the License will terminate and you must immediately cease all access to, and use of, the Software, cease all distribution of Authorized Applications, and uninstall and destroy all copies of the Software; provided, however, you must deliver the Software and all copies to SHANGHAI TOSUN TECHNOLOGY LTD. if SHANGHAI TOSUN TECHNOLOGY LTD. has so demanded in lieu of any destruction. Sections 10, 14, 15, 16, 18, 29 of this Agreement will survive any expiration or termination of this Agreement.

6.	Transfer. You may transfer a Hardware-based License to a third party in the same country in which you purchased the License.

7.	Upgrades; Prior Versions. If the Software is an upgrade, you may only use the Software if you have a valid license to use the prior version of the Software. You may elect to use a prior version of any Software delivered and licensed under this Agreement in lieu of using the Software delivered and licensed under this Agreement ("Delivered Software"), provided (i) you have an authorized copy of the prior version of the Delivered Software;
(ii) all use is pursuant to and in accordance with this Agreement; and (iii) notwithstanding anything in this Agreement to the contrary, in no event will SHANGHAI TOSUN TECHNOLOGY LTD. be required to support any version of the Software, including providing applicable software key codes or hardware keys, other than the then most current version of the Delivered Software 

8.	Multiple Versions. If SHANGHAI TOSUN TECHNOLOGY LTD. distributes the Software on installation media containing multiple versions of the Software for use with different operating systems or makes the same available through download, you may use the Software with more than one operating system provided that you may not use the Software on more computers than you are permitted by your license and your use of the Software otherwise is in accordance with the terns of this Agreement.

9.	Software/Hardware Key; Prior Access. You agree to use any software key codes or hardware keys provided by SHANGHAI TOSUN TECHNOLOGY LTD. solely with the Software for which it is provided. While SHANGHAI TOSUN TECHNOLOGY LTD. may in its sole discretion provide you with the applicable key or other access to use the Software prior to receipt from you of the applicable license fees, you will remain obligated to pay such fees to SHANGHAI TOSUN TECHNOLOGY LTD..

10.	Copyright; No Other Licenses. The Software, and all copies of the Software, are licensed and not sold. All rights, title, and interest (including without limitation all intellectual property rights) in and to the Software (as well as all copies of the Software, and related contents) are and shall remain owned exclusively by SHANGHAI TOSUN TECHNOLOGY LTD. (or its suppliers and licensors, as applicable). The Software (and all copies thereof and related content) are protected by applicable copyright  laws and international treaty provisions. All rights not expressly granted to you in this Agreement are reserved to and by SHANGHAI TOSUN TECHNOLOGY LTD. (and its licensors and suppliers). Further, and without limiting the foregoing, no license or any right of any kind, whether by express license, implied license, estoppel, the doctrine of exhaustion, or otherwise, is granted under any SHANGHAI TOSUN TECHNOLOGY LTD. patents (whether identified herein or not) or other intellectual property right of SHANGHAI TOSUN TECHNOLOGY LTD. with respect to any other product of SHANGHAI TOSUN TECHNOLOGY LTD. or of any third party, including the right to use any such other product.

11.	Application Deployment

A.	An "Authorized Application" is an application that you create with a development version of the Software.

B.	Deployment and Distribution Requirements. You may distribute, deploy, or otherwise make available Authorized Applications, along with applicable runtime engines for the Software and applicable Driver Interface Software that you may include as part of or together with your Authorized Applications, provided that you comply with each of the requirements set forth below.

i.	You must include the following copyright notice in the Authorized Application's About Box (if applicable) and in any applicable written documentation or, if no such documentation exists, in a "read me" or other
.txt file distributed with each copy of the Authorized Application.

"Copyright © [insert year] SHANGHAI TOSUN TECHNOLOGY LTD. All Rights Reserved."

You may instead, or in addition, include your own copyright notice with the notice required above, but in no event may you remove or alter any copyright, patent, trademark, or other legal notices or disclaimers that exist in the Software and with respect to any runtime engines for the Software and any Driver Interface Software that you include as part of or together with your Authorized Application, your copyright notice will be understood as protecting SHANGHAI TOSUN TECHNOLOGY LTD. or its licensor's copyrights in the Software and will not be understood as meaning that you have any copyright in or with respect to any Software.

(ii)	You may not use SHANGHAI TOSUN TECHNOLOGY LTD.'s name, logo, or trademarks to market your Authorized Application without SHANGHAI TOSUN TECHNOLOGY LTD.'s express prior written permission.

(iii)	If you distribute to any third parties your Authorized Application with Driver Interface Software or any runtime engine for the Software, you must either pass through to your end users this Agreement or do so subject to your own license agreement that is substantially in accordance with this Agreement and at least as protective of SHANGHAI TOSUN TECHNOLOGY LTD. as this Agreement.

(iv)	The Authorized Application must not consist of or include any malicious, deceptive, or unlawful programs.

C.	Fees. You may distribute, deploy, or otherwise make available Authorized Applications without paying additional fees toSHANGHAI TOSUN TECHNOLOGY LTD.. 
12.	 Patent and Trademark Notice. All products and company names mentioned herein are or may be trademarks or trade names of their respective companies.

13.	Limited Warranty. SHANGHAI TOSUN TECHNOLOGY LTD. warrants, for your benefit alone, that for a period of ninety (90) days from the date the Software is shipped to you or, if downloaded, from the date the Software is first downloaded by you, (i) the Software will perform substantially in accordance with the performance specifications set forth in the documentation that accompanies the Software, and (ii) the installation media on which SHANGHAI TOSUN TECHNOLOGY LTD. provides the Software (if any) will be free from defects in materials and workmanship under normal use and service (collectively, the "Limited Warranty"). Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Some jurisdictions do not allow exclusion of or limitation on duration of an express or implied warranty or limitation on any applicable statutory rights of a consumer, so the above limitations may not apply to you; in such event, such warranties are limited to the minimum warranty period allowed by applicable law. The Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, improper calibration by you, third party products (either hardware or software) used by you that are not intended by SHANGHAI TOSUN TECHNOLOGY LTD. for use with the Software, utilization of an improper hardware or software key, or unauthorized maintenance of the Software. For all the functions provided by SHANGHAI TOSUN TECHNOLOGY LTD.or third party, TOSUN does not provide any kind of warranty, whether express or implied. All risks are borne by the user, and SHANGHAI TOSUN TECHNOLOGY LTD. does not assume any joint responsibility.

14.	Customer Remedies. SHANGHAI TOSUN TECHNOLOGY LTD.'s sole obligation and liability, and your sole remedy, with respect to the foregoing Limited Warranty will be to, at SHANGHAI TOSUN TECHNOLOGY LTD.'s option, repair or replace the Software or return the pro-rated fees paid by you to SHANGHAI TOSUN TECHNOLOGY LTD. for the Software license in which event you must return or destroy all copies of the Software in accordance with SHANGHAI TOSUN TECHNOLOGY LTD.'s instructions and the License granted to you will terminate without liability on the part of SHANGHAI TOSUN TECHNOLOGY LTD. by reason of such termination. SHANGHAI TOSUN TECHNOLOGY LTD.'s obligations as set forth in this Section are contingent on you providing SHANGHAI TOSUN TECHNOLOGY LTD. with written notice of applicable defects during the warranty period. In addition, you must obtain a Return Material Authorization number from SHANGHAI TOSUN TECHNOLOGY LTD. before returning the Software under warranty to SHANGHAI TOSUN TECHNOLOGY LTD., and you agree to pay any expenses for shipment to and from SHANGHAI TOSUN TECHNOLOGY LTD.. For all the functions provided by SHANGHAI TOSUN TECHNOLOGY LTD.or third party, TOSUN does not provide any kind of warranty, whether express or implied. All risks are borne by the user, and SHANGHAI TOSUN TECHNOLOGY LTD. does not assume any joint responsibility.


15.	No Other Warranties. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NO REPRESENTATION, WARRANTY, GUARANTEE, OR CONDITIONS, EITHER EXPRESS OR IMPLIED, IS MADE BY SHANGHAI TOSUN TECHNOLOGY LTD. (OR ITS LICENSORS OR SUPPLIERS) WITH RESPECT TO THE SOFTWARE OR USE OF THE SOFTWARE. SHANGHAI TOSUN TECHNOLOGY LTD. DOES NOT MAKE ANY WARRANTY, GUARANTEE, CONDITION, OR REPRESENTATION HEREUNDER WITH RESPECT TO ANY THIRD PARTY SOFTWARE, SOURCE CODE, OR SOFTWARE SERVICES, OR THAT THE SOFTWARE, THE OPERATION OF THE SOFTWARE, OR ANY RELATED SOFTWARE SERVICES, SOURCE CODE, OR THIRD PARTY SOFTWARE WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, OR REGARDING THE CORRECTNESS, ACCURACY, RELIABILITY, OR OTHER PERFORMANCE OF THE SOFTWARE. THERE ARE NO OTHER WARRANTIES THAT MAY ARISE FROM USAGE OF TRADE OR COURSE OF DEALING. SHANGHAI TOSUN TECHNOLOGY LTD. DISCLAIMS ANY AND ALL IMPLIED WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET POSSESSION, AND NON-INFRINGEMENT, RELATING TO THE SOFTWARE AND ANY RELATED THIRD PARTY SOFTWARE, SOURCE CODE, AND SOFTWARE SERVICES. For all the functions provided by SHANGHAI TOSUN TECHNOLOGY LTD.or third party, TOSUN does not provide any kind of warranty, whether express or implied. All risks are borne by the user, and SHANGHAI TOSUN TECHNOLOGY LTD. does not assume any joint responsibility.


16.	Limitations Period. You hereby agree not to bring an action to enforce your remedies under the Limited Warranty or for breach of warranty more than one (1) year after the accrual of such cause of action. 

17.	Intellectual Property Liability. For all the functions provided by SHANGHAI TOSUN TECHNOLOGY LTD.or third party, TOSUN does not provide any kind of warranty, whether express or implied. All risks are borne by the user, and SHANGHAI TOSUN TECHNOLOGY LTD. does not assume any joint responsibility.


18.	Limitation On Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SHANGHAI TOSUN TECHNOLOGY LTD. OR ITS LICENSORS, DISTRIBUTORS, OR SUPPLIERS (INCLUDING SHANGHAI TOSUN TECHNOLOGY LTD.'S AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS) BE LIABLE UNDER, OR OTHERWISE IN CONNECTION WITH, THIS AGREEMENT FOR ANY: (A) INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (B) DAMAGES ARISING FROM LOST PROFITS, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, WASTE EXPENDITUE, BUSINESS INTERRUPTION, LOST OR DAMAGED REPUTATION OR GOODWILL, OR LOST OR CORRUPTED DATA OR SOFTWARE; OR (C) THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES. EXCEPT AS SET FORTH IN SECTION 18, IN NO EVENT WILL SHANGHAI TOSUN TECHNOLOGY LTD.'S AGGREGATE LIABILITY UNDER, OR OTHERWISE IN CONNECTION WITH, THIS AGREEMENT EXCEED THE TOTAL AMOUNT RECEIVED BY SHANGHAI TOSUN TECHNOLOGY LTD. FROM YOU FOR THE APPLICABLE SOFTWARE LICENSE (FOR A TERM LICENSE, THIS SHALL BE LIMITED TO THE AMOUNT PAID FOR THE CURRENT TERM). THE FOREGOING EXCLUSIONS AND LIMITATION SHALL APPLY: (i) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW; (ii) EVEN IF SHANGHAI TOSUN TECHNOLOGY LTD. HAS BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES, DAMAGES, OR COSTS; (iii) EVEN IF ANY REMEDY IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE; AND (iv) REGARDLESS OF THE THEORY OR BASIS OF LIABILITY, AND WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), STRICT LIABILITY, MISREPRESENTATION, RESTITUTION, OR OTHERWISE. 

You acknowledge that the applicable fees and prices reflect this allocation of risk. To the extent the foregoing limitation of liability is not enforceable or fails of its essential purpose, except for liability for bodily injury or death caused by the Software in the form provided by SHANGHAI TOSUN TECHNOLOGY LTD. or any liability not capable of being excluded by applicable law, the sole liability of SHANGHAI TOSUN TECHNOLOGY LTD. to you under, or otherwise in connection with, this Agreement shall be limited to the greater of $50,00 (U.S.) or  the license fee paid to SHANGHAI TOSUN TECHNOLOGY LTD. for the Software during the last twelve (12) months prior to the claim.

19.	HIGH-RISK USES AND YOUR RESPONSIBILITIES FOR YOUR APPLICATIONS

A.	SHANGHAI TOSUN TECHNOLOGY LTD. PRODUCTS ARE NOT DESIGNED, MANUFACTURED, OR TESTED FOR USE IN HAZARDOUS ENVIRONMENTS OR ANY OTHER ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, AIR TRAFFIC CONTROL SYSTEMS; LIFE SAVING OR LIFE SUSTAINING SYSTEMS OR SUCH OTHER MEDICAL DEVICES; OR ANY OTHER APPLICATION IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, SEVERE PROPERTY DAMAGE, OR ENVIRONMENTAL HARM. YOU WILL DEFEND, INDEMNIFY, AND HOLD HARMLESS SHANGHAI TOSUN TECHNOLOGY LTD. AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, ACTIONS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF YOUR USE OF THE SOFTWARE FOR HIGH-RISK USES, INCLUDING CLAIMS FOR PRODUCT LIABILITY, PERSONAL INJURY OR DEATH, OR DAMAGE TO PROPERTY, AND REGARDLESS OF WHETHER SUCH CLAIMS ARE FOUNDED IN WHOLE OR IN PART ON THE ALLEGED OR ACTUAL NEGLIGENCE OF SHANGHAI TOSUN TECHNOLOGY LTD..

B.	YOU ACKNOWLEDGE AND AGREE THAT YOU ARE RESPONSIBLE FOR TAKING STEPS TO PROTECT AGAINST PRODUCT AND SYSTEM FAILURES, INCLUDING PROVIDING BACK-UP OR SHUTDOWN MECHANISMS. BECAUSE EACH END-USER SYSTEM IS CUSTOMIZED AND DIFFERS FROM SHANGHAI TOSUN TECHNOLOGY LTD.'S TESTING PLATFORMS AND BECAUSE YOU MAY USE SHANGHAI TOSUN TECHNOLOGY LTD. PRODUCTS IN COMBINATION WITH OTHER PRODUCTS IN A MANNER NOT EVALUATED OR CONTEMPLATED BY SHANGHAI TOSUN TECHNOLOGY LTD., YOU ARE ULTIMATELY RESPONSIBLE FOR VERIFYING AND VALIDATING THE SUITABILITY OF SHANGHAI TOSUN TECHNOLOGY LTD. PRODUCTS FOR YOUR INTENDED USE. YOU WILL DEFEND, INDEMNIFY, AND HOLD HARMLESS SHANGHAI TOSUN TECHNOLOGY LTD. AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, ACTIONS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF YOUR AUTHORIZED APPLICATION OR YOUR INCORPORATION OF THE SOFTWARE IN YOUR SYSTEM OR APPLICATION; PROVIDED, HOWEVER, THAT YOUR CONTRACTUAL OBLIGATION OF INDEMNIFICATION SHALL NOT EXTEND TO THE PERCENTAGE OF THE CLAIMANT'S DAMAGES OR INJURIES OR THE SETTLEMENT AMOUNT ATTRIBUTABLE TO SHANGHAI TOSUN TECHNOLOGY LTD.'S NEGLIGENCE OR OTHER FAULT OR TO STRICT LIABILITY IMPOSED UPON SHANGHAI TOSUN TECHNOLOGY LTD. AS A MATTER OF LAW.

20. SHANGHAI TOSUN TECHNOLOGY LTD. reserves the right to modify and upgrade the software mentioned in this copyright statement without notifying users, and reserves the right to modify this license agreement.