END USER LICENSE AGREEMENT

FOR HAProxy Technologies proprietary Software

HAProxy Technologies®, LICENSES THIS SOFTWARE PRODUCT TO YOU SUBJECT TO THE TERMS CONTAINED IN THIS END USER LICENSE AGREEMENT (“EULA”). READ THE TERMS OF THIS EULA CAREFULLY. BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE WITH THE TERMS OF THIS EULA, DO NOT DOWNLOAD, INSTALL, COPY OR USE THE SOFTWARE.

NOTICE TO CUSTOMER

This EULA is a contract between you (either an individual or an entity) and HAProxy Technologies, (“HAProxy Technologies”), which governs your use of the HAProxy proprietary software modules (“Software”) that accompanies this EULA and related software components, which may include associated media, printed materials, and online or electronic documentation. You may not install or use this HAProxy Technologies software product on more than one computers at the same time.

DEFINITIONS

HAProxy proprietary software modules are proprietary modules provided by HAProxy Technologies in its HAProxy Enterprise Edition subscription (aka “HAPEE”) which also includes Open Source Software components. In this EULA, the Software, associated media, printed materials, online or electronic documentation are collectively referred to as the “Software”.

LICENSE

The Software is licensed, not sold. Subject to the terms and limitations of this EULA, HAProxy Technologies hereby grants you a nonexclusive, nontransferable license, without rights to sublicense, to (i) use the Software (in object code form only) solely for your own internal information processing services and computing needs and (ii) use the documentation accompanying the Software in connection with permitted uses of the Software. Subject to the above, each copy of the Software may not be used by any other person, whether or not such person is employed by or otherwise associated with your entity.

LICENSE LIMITATIONS

You may not copy the Software except for a reasonable number of machine-readable copies of the Software for backup or archival purposes and except as expressly permitted in the License section above. You may not share or use concurrently the Software. You may not remove any titles, trademarks or trade names, copyright notices, legends, or other propri­etary markings on the Software. You are not granted any rights to any trademarks or service marks of HAProxy Technologies. HAProxy Technologies retains all rights not expressly granted to you.

PROPRIETARY RIGHTS RESERVED BY HAProxy Technologies

HAProxy Technologies retains all right, title, and interest in and to the Software and in all related copyrights, trade secrets, patents, trademarks, and any other intellectual and industrial property and proprietary rights, including registrations, applications, renewals, and extensions of such rights.

RESTRICTIONS

You may not (i) sell, lease, license, sublicense, distribute or otherwise transfer in whole or in part the Software to another party; (ii) provide, disclose, divulge or make available to, or permit use of the Software in whole or in part by, any third party without HAProxy Technologies prior written consent; (iii) modify the Software; (iv) create derivative works based upon the Software; (v) permit another individual or entity to access or use any software running in a virtual machine using the Software; (vi) integrate or use the Software with any other software;

or (vii) use the Software to provide network, application hosting or other services to third parties, or otherwise use the Software on a service bureau or hosting basis for your customers. Except to the extent expressly permitted by applicable law, and to the extent that HAProxy Technologies is not permitted by that applicable law to exclude or limit the following rights, you may not decompile, disassemble, reverse engineer, or otherwise attempt to derive source code from the Software, in whole or in part.

You may not conduct performance or benchmark studies without HAProxy Technologies’ prior written consent. HAProxy Technologies will consider written requests to perform and/or publish performance and benchmark studies. All requests by you (and not unauthorized third parties) to publish performance and benchmark results require HAProxy Technologies’ review and approval of the methodology, assumptions, and other parameters of the study. Please contact HAProxy Technologies at information@haproxy.com for more information.

TERMINATION

HAProxy Technologies may terminate this EULA if you fail to comply with any term of this EULA. In the event of termination, you must cease all use of the Software and destroy all copies of the Software. In addition you must remove all copies of the Software from the personal computer(s) on which it is installed.

NO WARRANTY

No Warranty. The Software is being provided to you on an “AS IS” basis, without any technical support, and HAProxy Technologies makes no warranty of any kind regarding its use or performance. HAProxy Technologies DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. HAProxy Technologies MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HAProxy Technologies BE LIABLE FOR ANY LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSE­QUEN­TIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE PRECEDING LIMITATION MAY NOT APPLY TO YOU.

HAProxy Technologies’ LIABILITY UNDER THIS EULA WILL NOT, IN ANY EVENT, EXCEED THE LICENSE FEES, IF ANY, PAID BY YOU TO HAProxy Technologies FOR THE SOFTWARE LICENSED BY YOU UNDER THIS EULA.

THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER HAProxy Technologies HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

GENERAL

This EULA is governed by the laws of the French government, without regard to conflict of law principles. The United Nations Convention for the International Sale of Goods shall not apply. This EULA is the entire agreement between us and supersedes the terms of any purchase orders and any other communications or advertising with respect to the Software. If any provision of this EULA is held invalid, the remainder of this EULA shall continue in full force and effect. This EULA may be modified only by written agreement signed by authorized representatives of you and HAProxy Technologies.

CONTACT INFORMATION

If you have any questions about this EULA, or if you want to contact HAProxy Technologies for any reason, please direct all correspondence to: HAProxy Technologies, 15, Avenue Raymond Aron, 92160 Antony, France, or email to info@haproxy.com.

HAProxy Technologies is a registered trademark of HAProxy Technologies Inc.