This End User Services Agreement ("EUSA") is a legal agreement between you (either an individual or an entity) ("you" and Temenos Headquarters S.A. of 2 Rue de L'Ecole-de-Chimie, 1205 Geneva, Switzerland ("Temenos", "us" or "we"). By accessing or using the Services you agree to be bound by the terms of this EUSA.

We permit access and use of the Temenos software ("Software") hosted in the cloud and made available to you by Temenos as a service ("Services") under the terms of this EUSA for a limited trial period of ten (10) days or such other period as determined by Temenos in its sole discretion ("Trial Period").

1. Access Right and Scope of Use

1.1 In consideration of you agreeing to abide by the terms of this EUSA, Temenos hereby grants to you a non-exclusive, non-transferable limited right to access and use the Services for evaluation purposes only on the terms of this EUSA for the Trial Period, unless terminated sooner in accordance with this EUSA. You may only evaluate the Services and the Software for your internal business purposes. Any use of the Services or the Software for any other purpose including any commercial or production uses is explicitly prohibited.

1.2 You are responsible for ensuring you maintain an internet connection allowing you to connect to the Services, up to date internet browsers and anti-virus software. Temenos does not provide any close of business processing, support, maintenance or any other services under this EUSA. You must comply with any technical limitations relating to the Services notified to it by Temenos from time to time and You shall not employ any workarounds.

2. Restrictions

Except to the extent expressly permitted by applicable law, you undertake: (i) not to permit any third party to access the Software or the Services;(ii) not to create derivative works based on the Services and/or the Software; (iii) not to copy, frame or mirror any part or content of the Services; (iv) not to reverse engineer the Services and /or the Software or any part thereof; or (v) not to access the Services and/or Software in order to: (a) build or advise in relation to a competitive product or service; or (b) copy any features, functions or graphics of the Services and/or the Software; or (c) perform or disclose any benchmark, security testing or performance testing of the Services and or the Software; and (iv) to comply with all applicable technology control or export laws and regulations.

3. Non-Disclosure and Intellectual property rights

3.1 You acknowledge that (a) the Software, the Services and all related documentation (b) the terms and conditions of this Agreement; and (c) the results and feedback from your evaluation are all confidential information ("Confidential Information") which contain highly confidential, secret and valuable information of Temenos and its affiliates. You that you shall not sell, transfer, publish, disclose, display or otherwise make available to third parties the Confidential Information, or any other proprietary information of Temenos and its affiliates.

3.2 Temenos shall be free to exploit any feedback or suggestions provided by You (if any) in relation to your evaluation of the Software.Temenos may analyze statistics and other information related to the performance, operation and use of the Services in aggregated form for security and operations management and for statistical analysis to improve the solutions offered by Temenos.

3.3 You recognise that the Services, the Software and all configurations, documentation and specifications and any reproductions, corrections, updates, modifications, developments and derivative works based upon these are the Intellectual Property Rights of Temenos, its affiliates and its suppliers.

3.4 You shall promptly notify Temenos if you become aware of any breach of confidentiality or security relating to the Services or other Confidential Information and give Temenos all reasonable assistance in connection with its investigation of same.

3.5 Except for the limited rights expressly granted to You under this EUSA, Temenos reserves all intellectual property rights, title and interest in and to the Services, the Software, the underlying software programs and all of its portions, reproductions, and modifications. No rights are granted to You hereunder other than as expressly set forth in this Agreement

4. Data and Security

4.1 As access to the Services is provided for evaluation purposes only, You shall not submit, store, capture, transmit or process any of its confidential or business sensitive data or materials or personal data to the Services. Temenos has no responsibility for the accuracy, quality, integrity, legality or reliability of your data. You shall take all measures necessary to ensure that personal data is not submitted by or on behalf of You to Temenos.Temenos shall only process data for the provision of the Services to You. You consent to Temenos and/or its designated Affiliates to use, process, transmit and subcontract the processing of Your data for the Trial Period.

4.2 In the event of submission of any personal data to Temenos (accidental or otherwise), You shall delete such personal data immediately.If any personal data is processed through the use of the Services by You, (i) You or the company that employs you shall at all times remain the data controller of and responsible for such personal data for the purposes of the Services; (ii) Temenos and its suppliers are data processors or sub processors of such personal data only for the purposes of provision of the Services; and (iii) both parties shall at all times comply with the applicable data protection laws.If you are not able to delete any Personal data submitted, Temenos shall delete such personal Data without undue delay upon receipt of the written instruction of You. Additional fees may be charged for such services.

5 Acceptable Use Policy.

5.1 You shall not (i) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Services available to any third party; (ii) use the Services in any way prohibited by law, regulation, governmental order or decree; to send spam or otherwise duplicative or unsolicited messages, or to distribute malware; (iii) use the Services to send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or which violates the privacy rights of individuals; (iv)interfere with or disrupt the integrity or performance of the Services or the data contained therein; or (v) attempt to gain unauthorized access to the Services or its related systems or networks.

5.2 You are responsible for maintaining the confidentiality of your usernames, passwords and user account information and for any misuse and resulting harm caused by misusing the username, password or user account information.

5.3 You shall comply with any additional security policy or requirements provided by Temenos. You shall indemnify Temenos and its Affiliates for all costs, damages or other losses suffered by Temenos and its affiliates from any violation of this Clause 5.

6 Warranty Disclaimer

6.1 Access to the Services and the Software is provided on an "as is" and "as available" basis without warranty of any kind. Any use of the Services is at your own discretion and risk. Temenos disclaims all warranties and conditions of any kind whether express or implied including but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

7 Liability

7.1 Temenos' aggregate and total liability towards You under this EUSA (howsoever arising) shall in no event exceed the total amount of fees (if any) paid by You to Temenos for use of the Services during the Trial Period.

7.2 Temenos, its affiliates and any suppliers shall not be liable to You under any theory of liability for any indirect, incidental, special, consequential or exemplary damages that may be incurred by You, including any loss of data, data use, business, profits, revenue or business interruption , whether in tort or in contract, and whether Temenos or its representatives have been advised of or should have been aware of the possibility of such losses.

8 Expiry/Termination

8.1 This EUSA will automatically expire at the end of the Trial Period.

8.2 We may suspend your access to the Services and terminate this EUSA immediately if you commit a material or persistent breach of this EUSA which you fail to remedy (if remediable) within five (5) days after service of written notice requiring you to do so. We will provide written notice of such termination. We may serve notice by email.

8.2 Upon expiry or termination for any reason: (i) all rights granted to you under this EUSA shall cease; and (ii) you must cease all activities authorised by this EUSA.

9 General.

9.1 This instrument constitutes the complete and exclusive agreement between the parties as to the subject matter and supersedes all previous agreements, negotiations, understandings and discussions of the parties.

9.2 The construction, validity and performance of this EUSA shall be governed exclusively by the laws of Switzerland and any dispute arising out of this Agreement shall be subject to the exclusive jurisdiction of the Geneva Courts.