End User License Agreement for Printer Drivers
by 4BARCODE, Inc.
THIS END USER LICENSE AGREEMENT (“AGREEMENT”) IS BETWEEN 4BARCODE, INC. OR THE APPLICABLE 4BARCODE, INC.
SUBSIDIARY (“4BARCODE” OR “WE”, “US” OR “OUR”) AND THE CUSTOMER (INDIVIDUAL OR ENTITY) THAT HAS DOWNLOADED OR
OTHERWISE PROCURED THE PRINTER DRIVER SOFTWARE PRODUCT (AS DEFINED BELOW) FOR USE AS AN END USER (“YOU”). BY CHECKING
THE ACCEPTANCE BOX OR INSTALLING OR USING ALL OR ANY PORTION OF THE PRINTER DRIVER SOFTWARE, YOU ARE ACCEPTING ALL OF
THE TERMS AND CONDITIONS OF THIS AGREEMENT AS PUBLISHED ON 4BARCODE’S WEBSITE AT WWW.4BARCODE.NET (AS
MAY BE RELOCATED BY 4BARCODE FROM TIME TO TIME). 4BARCODE RESERVES THE RIGHT, AT ANY TIME AND FROM TIME
TO TIME, TO UPDATE, REVISE, SUPPLEMENT, AND OTHERWISE MODIFY THIS AGREEMENT AND TO IMPOSE NEW OR ADDITIONAL RULES,
POLICIES, TERMS, OR CONDITIONS ON YOUR USE OF THE SERVICE. SUCH UPDATES, REVISIONS, SUPPLEMENTS, MODIFICATIONS, AND
ADDITIONAL RULES, POLICIES, TERMS, AND CONDITIONS (COLLECTIVELY REFERRED TO IN THIS AGREEMENT AS "ADDITIONAL TERMS")
WILL BE EFFECTIVE IMMEDIATELY AND INCORPORATED INTO THIS AGREEMENT. YOUR CONTINUED USE OF THE LICENSED PRINTER DRIVER
SOFTWARE FOLLOWING THE ADDITIONAL TERMS WILL BE DEEMED TO CONSTITUTE YOUR ACCEPTANCE OF ANY AND ALL SUCH ADDITIONAL
TERMS. ALL ADDITIONAL TERMS ARE HEREBY INCORPORATED INTO THIS AGREEMENT BY THIS REFERENCE. YOU AGREE THAT THIS AGREEMENT
IS ENFORCEABLE LIKE ANY WRITTEN AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT DOWNLOAD OR
INSTALL THE PRINTER DRIVER SOFTWARE. IF YOU WISH TO USE THE PRINTER DRIVER SOFTWARE AS AN EMPLOYEE, CONTRACTOR, OR AGENT
OF A CORPORATION, PARTNERSHIP OR SIMILAR ENTITY, THEN YOU MUST BE AUTHORIZED TO SIGN FOR AND BIND THE ENTITY IN ORDER TO
ACCEPT THE TERMS OF THIS AGREEMENT AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT AND AUTHORITY TO DO SO.

1. Definition of Source Code.

Source Code, where used in this document, means any collection of code, with or without comments, written using a
human-readable programming language, usually as plain text. The source code of a program is specially designed to
facilitate the work of computer programmers, who specify the actions to be performed by a computer mostly by writing
source code. The source code is often transformed by an assembler or compiler into binary machine code that can be
executed by the computer. The machine code might then be stored for execution at a later time. Alternatively, source
code may be interpreted and thus immediately executed.

Unless otherwise noted, the Printer Driver Software, Support and Maintenance Service, and Documentation are referred to
collectively herein as “Printer Driver Software Product(s)”. All undefined names of Printer Driver Software Products
have the meanings given to them in the Documentation.

User Content: means any data, email address, file attachments, text, images, reports, personal information, or other
content that is uploaded or submitted to the online Portal by you and is processed by 4BARCODE on your behalf.

2. Introduction

4BARCODE grants you a non-exclusive license to use the accompanying Printer Driver Software Product(s), subject
to the following provisions. You assume full responsibility for the selection of the Printer Driver Software to achieve
your intended results, and for the installation, use, and results obtained from the Printer Driver Software.

3. Printer Driver Software Distribution

You may obtain the Printer Driver Software directly from 4BARCODE by downloading it from 4BARCODE’s
website. You are also permitted to keep copies within your corporate network for archival purposes but may not
redistribute them outside of your organization without explicit prior written authorization from 4BARCODE.

YOU ARE EXPRESSLY PROHIBITED FROM REDISTRIBUTING 4BARCODE’S PRINTER DRIVER SOFTWARE WITHOUT PRIOR WRITTEN
AUTHORIZATION OBTAINED DIRECTLY FROM 4BARCODE.

4. Ownership and Restrictions on Use of Printer Driver Software

4.1 Notwithstanding anything to the contrary contained herein, except for the limited rights expressly provided herein,
4BARCODE and its licensors have and will retain all rights, title and interest (including, without limitation,
all intellectual property rights) in and to the Printer Driver Software Product, Source Code, Machine Code, and all
copies, modifications and derivative works thereof (including any changes which incorporate any of your ideas, feedback
or suggestions). You acknowledge that you are obtaining only a limited license right to the Printer Driver Software
Product(s), Source Code, Third Party Code and that irrespective of any use of the words “purchase”, “sale” or like terms
hereunder no ownership rights are being conveyed to you under this Agreement or otherwise. All other trademarks are the
property of their respective owners.

4.2 Restrictions on Use of Printer Driver Software. Unless otherwise specifically provided by 4BARCODE,
4BARCODE does not grant you permission to modify any Printer Driver Software whether in the form of source code
or machine code of the Printer Driver Software provided by 4BARCODE to you under any circumstances. To be clear,
as a condition of your use of the Printer Driver Software, you shall not (and shall not allow any third party to): (a)
decompile, disassemble, or otherwise reverse engineer the Software or attempt to reconstruct or discover any source
code, algorithms, file formats or programming interfaces of the Printer Driver Software by any means whatsoever (except
and only to the extent that applicable law prohibits or restricts reverse engineering restrictions, or as permitted by
an applicable Open Source Software license); (b) distribute, sell, sublicense, rent, lease or use the Printer Driver
Software for time sharing, hosting, or other use of the Printer Driver Software as a service or like purposes unless
4BARCODE provides its prior written consent; (c) remove any product identification, proprietary, copyright
trademark, service mark, or other notices contained in the Printer Driver Software; (d) modify any part of the Printer
Driver Software, or to create a derivative work of any part of the Printer Driver Software, or incorporate the Printer
Driver Software into or with other software; (e) publicly disseminate performance information or analysis (including,
without limitation, benchmarks) from any source relating to the Software; (f) utilize any equipment, device, software,
or other means designed to circumvent or remove any form of or copy protection used by 4BARCODE in connection
with the Printer Driver Software, or use of the Printer Driver Software; or, (g) use the Printer Driver Software to
develop a product which is competitive with any 4BARCODE product offerings.

5. Term and Termination

5.1 Term of Agreement. This Agreement commences on the date you download the Printer Driver Software Product(s). You may
terminate this Agreement by ceasing use of the Printer Driver Software Product(s) and deleting the Printer Driver
Software Product(s) and its Documentation from your system(s). 4BARCODE may terminate this Agreement: (a) if you
fail to cure any material breach of this Agreement within thirty (30) days after written notice of such breach; or (b)
if you fail to comply with applicable laws, regulations, or in response to China economic sanctions laws, regulations,
and requirements, and applicable foreign import and export controls. Unless otherwise specified herein, termination is
not an exclusive remedy and the exercise by either party of any remedy under this Agreement will be without prejudice to
any other remedies it may have under this Agreement, by law, or otherwise.

5.2 Termination. Upon any expiration or termination of this Agreement, you shall immediately cease any and all use of
any Printer Driver Software Product(s).

5.3 Survival. Sections 4 (Ownership and Restrictions on Use of Printer Driver Software), 5 (Term and Termination), 6.2
(Disclaimer of Warranties), 7.1, 7.2, 7.3 and 7.5 (Limitation of Remedies; Indemnification and Damages), 8 (Export
Compliance) and 9 (General) shall survive any termination or expiration of this Agreement.

6. Mutual Warranties and Disclaimer

6.1 Mutual Warranties. Both parties each hereby warrant to the other that: (a) it has the authority to enter into the
Agreement, to grant the rights granted by it under the Agreement, and to perform its obligations under the Agreement;
and (b) it will comply with all applicable laws and regulations in effect during the term of the Agreement as they apply
to such party’s rights and obligations under the Agreement.

6.2 Disclaimer of Warranties. THIS SECTION 6.2 IS A LIMITED WARRANTY AND, EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION
6, THE PRINTER DRIVER SOFTWARE PRODUCT(S), INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY CODE, AND ALL SERVICES ARE
PROVIDED “AS IS”. 4BARCODE DOES NOT WARRANT THAT YOUR USE OF THE PRINTER DRIVER SOFTWARE WILL BE UNINTERRUPTED
OR ERROR-FREE OR THAT SECURITY MECHANISMS, IF ANY, IMPLEMENTED BY THE PRINTER DRIVER SOFTWARE WILL NOT HAVE INHERENT
LIMITATIONS. NEITHER 4BARCODE NOR ITS LICENSORS, IF ANY, MAKES ANY OTHER WARRANTIES, CONDITIONS OR UNDERTAKINGS,
EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, TO THE FULL EXTENT PERMITTED
BY LAW, THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PRINTER DRIVER SOFTWARE PRODUCT(S) REMAINS WITH YOU.

7. Limitation of Remedies; Indemnification and Damages

7.1 4BARCODE SHALL NOT BE LIABLE FOR ANY LOSS OF USE, LOST DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF
BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS OR COSTS OF
COVER), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR
OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

7.2 EXCEPT FOR: YOUR BREACH OF SECTION 3 (PRINTER DRIVER SOFTWARE DISTRIBUTION), SECTION 4.2 (RESTRICTIONS ON USE OF
PRINTER DRIVER SOFTWARE), OR SECTION 8 (EXPORT COMPLIANCE), EACH PARTY’S ENTIRE LIABILITY UNDER THIS AGREEMENT SHALL NOT
EXCEED FEES PAID OR OWED BY YOU UNDER THIS AGREEMENT DURING THE TWELVE MONTHS PRECEDING THE CLAIM. IN THE CASE WHERE NO
AMOUNT WAS PAID FOR THE PRINTER DRIVER SOFTWARE OR SERVICE GIVING RISE TO THE CLAIM, 4BARCODE AND ITS LICENSORS’
ENTIRE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED RMB1.00; PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO A
4BARCODE MAINTENANCE AGREEMENT, 4BARCODE’S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED
BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

7.3 The parties agree that the limitations specified in this Section 7 will survive and apply even if any limited remedy
specified in this Agreement is found to have failed its essential purpose.

7.4 4BARCODE Indemnification: 4BARCODE shall defend you from and against any claim by a third party
alleging that the Printer Driver Software Product when used as authorized under this Agreement infringes a China patent,
China copyright, or China trademark and shall indemnify and hold you harmless from and against any damages and costs
awarded against you or agreed in settlement by 4BARCODE (including reasonable attorneys’ fees) resulting from
such claim, provided that you tender to 4BARCODE: (a) prompt written notice of such claim (but in any event
notice in sufficient time for 4BARCODE to respond without prejudice); (b) the exclusive right to control and
direct the investigation, defense, and settlement (if applicable) of such claim; and (c) all reasonably necessary
cooperation from you. If your use of the Printer Driver Software Product is (or in 4BARCODE’s opinion is likely
to be) enjoined, if required by settlement or if 4BARCODE determines such actions are reasonably necessary to
avoid material liability, 4BARCODE may, in its sole discretion: (i) substitute for the Printer Driver Software
Product substantially functionally similar programs and documentation; (ii) procure for you the right to continue using
the Printer Driver Software Product; or if (i) and (ii) are not commercially reasonable, (iii) terminate this Agreement.
The foregoing obligations of 4BARCODE shall not apply: (1) if the Printer Driver Software Product is modified by
you or any party other than 4BARCODE, but solely to the extent the alleged infringement is caused by such
modification; (2) if the Printer Driver Software Product is combined with products or processes not provided or
authorized by 4BARCODE, but solely to the extent the alleged infringement is caused by such combination; (3) to
any unauthorized use of the Printer Driver Software Product; (4) to any unsupported release of the Printer Driver
Software Product; (5) to any Third-Party Code contained within the Printer Driver Software Product; or (6) if you settle
or make any admissions with respect to a claim without 4BARCODE’s prior written consent. THIS SECTION 6 SETS
FORTH 4BARCODE’S AND ITS LICENSORS’ SOLE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY CLAIM
OF INTELLECTUAL PROPERTY INFRINGEMENT.

7.5 Indemnification by You. Subject to this Section 7, you shall defend 4BARCODE from and against all claims by
third parties resulting from or relating to: (a) any breach by you of this Agreement, your unauthorized use of the
Printer Driver Software Product, or your noncompliance with the licensing restrictions contained herein, and, further,
you shall indemnify and hold 4BARCODE harmless from and against any damages and costs awarded against
4BARCODE or agreed in settlement by you (including reasonable attorney’s fees) resulting from such claims,
provided that you shall have received from 4BARCODE: (i) prompt written notice of such claim (but in any event
notice in sufficient time for you to respond without prejudice); (ii) the exclusive right to control and direct the
investigation, defense, and settlement (if applicable) of such claim; and (iii) all reasonably necessary cooperation
from 4BARCODE. You may not settle any such claim relating to the Printer Driver Software Product without
4BARCODE’s prior written consent, which shall not be unreasonably withheld, conditioned, or delayed.

8. Export Compliance

You acknowledge that the Printer Driver Software Product is subject to export restrictions by the China government and
may be subject to import restrictions by certain foreign governments, and you agree to comply with all applicable export
and import laws and regulations in your download of, access to, and use of the Printer Driver Software Product. You
shall not (and shall not allow any third-party to) remove or export from the China or allow the export or re-export of
any part of the Printer Driver Software Product or any direct product thereof: (a) into (or to a national or resident
of) any embargoed or terrorist-supporting country; (b) to anyone on the China Commerce Department’s Denied Persons,
Entity, or Unverified Lists or the China Treasury Department’s list of Specially Designated Nationals and Consolidated
Sanctions list (collectively, “Prohibited Persons”); (c) to any country to which such export or re-export is restricted
or prohibited, or as to which the United States government or any agency thereof requires an export license or other
governmental approval at the time of export or re-export without first obtaining such license or approval; or (d)
otherwise in violation of any export or import restrictions, laws or regulations of any United States or foreign agency
or authority. You represent and warrant that you are not located in, under the control of, or a national or resident of
any such prohibited country. You also certify that you are not a Prohibited Person nor owned, controlled by, or acting
on behalf of a Prohibited Person. You agree not to use or provide the Printer Driver Software Product for any prohibited
end use, including to support any nuclear, chemical, or biological weapons proliferation, or missile technology, without
the prior permission of the United States government.

9. General

9.1 Non-assignment. You may not assign any of your rights or obligations hereunder, whether by operation of law or
otherwise, without 4BARCODE’s prior written consent (not to be unreasonably withheld). This Agreement will bind
and inure to the benefit of the parties and your respective successor(s) and permitted assign(s).

9.2 4BARCODE may access or disclose information about you or your use of the Driver Printer Software Product(s):
(a) when it is required by law (such as when 4BARCODE receives a valid subpoena or search warrant); (b) to
respond to your requests for customer service support; or (c) when 4BARCODE, in its discretion, think it is
necessary to protect 4BARCODE’s rights, property, or personal safety, or that of 4BARCODE’s users, or
the public.

9.3 Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be
unenforceable or invalid, that provision shall be limited to the minimum extent necessary so that this Agreement shall
otherwise remain in effect.

9.4 Governing Law; Jurisdiction and Venue. Excluding conflict of laws rules, this Agreement shall be governed by and
construed under the laws of Zhuhai, GuangDong, China. Should any legal action be necessary between the parties such
legal action shall be filed in Zhuhai, GuangDong, China. The prevailing party in any litigation arising out of this
Agreement shall be entitled to be reimbursed for all attorney's fees, expense, and associated costs. If any provision of
the Agreement shall be held to be invalid, illegal, or unenforceable, the remaining provisions shall nevertheless be
given full force and effect. The United Nations Convention on Contracts for the International Sale of Goods and the
Uniform Computer Information Transactions Act, as currently enacted by any jurisdiction or as may be codified or amended
from time to time by any jurisdiction, do not apply to this Agreement.

9.5 Attorneys’ Fees and Costs. The prevailing party in any action to enforce this Agreement will be entitled to recover
its attorneys’ fees and costs in connection with such action.

9.6 Notices and Reports. Any notice or report hereunder shall be in writing or in electronic format. If to
4BARCODE by mail, such notice or report shall be sent to 4BARCODE at 3rd Floor, 1 Building, Stone
Industrial Park, Qianshan, Zhuhai City, Guangdong Province, China to the attention of “Legal Department”. If to
4BARCODE by email, such notice or report shall be sent to: legal@4BARCODE.net. If to you, such notice or
report shall be sent to the mailing or email address you provided upon placing your order. Notices and reports sent by
mail shall be deemed given: (a) upon receipt if by personal delivery; (b) upon receipt if sent by certified or
registered mail (return receipt requested); or (c) one day after it is sent if by next day delivery by a major
commercial delivery service. Any notices and reports sent by email shall be effective upon receipt of the same.

9.7 Amendments; Waivers. No waiver will be implied from conduct or failure to enforce or exercise rights under this
Agreement, nor will any waiver be effective unless in a writing signed by a duly authorized representative on behalf of
the party claimed to have waived. All conflicting terms in any purchase order or other business form employed by you,
including any electronic invoicing portals, vendor registration processes, or forms related to individuals being on your
premises for Professional Services, are void, and any such document relating to this Agreement shall be for
administrative purposes only and shall have no legal effect.

9.8 Entire Agreement. This Agreement is the complete and exclusive statement of the mutual understanding of the parties
and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of
this Agreement.

9.9 Independent Contractors. The parties are independent contractors. This Agreement does not create a partnership,
franchise, joint venture, agency, fiduciary or employment relationship between the parties. Each party will be solely
responsible for payment of all compensation owed to its employees, as well as all employment-related taxes.

9.10 Audit Rights. With reasonable prior notice, 4BARCODE may audit your use of the Printer Driver Software
Product and compliance with this Agreement, software monitoring system and records, provided such audit is during
regular business hours. If such inspections or audits disclose that you have installed, accessed or permitted access to
or use of the Printer Driver Software Product in a manner that is not permitted under this Agreement, then
4BARCODE may terminate this Agreement pursuant to Section 6 (Term and Termination) and you are liable for the
reasonable costs of the audit in addition to any other fees, damages and penalties 4BARCODE may be entitled to
under this Agreement and applicable law.

9.11 Government End-Users. The Printer Driver Software Product is commercial computer software. If the user or licensee
of the Printer Driver Software Product is an agency, department, or other entity of the China Government, the use,
duplication, reproduction, release, modification, disclosure, or transfer of the Printer Driver Software Product, or any
related documentation of any kind, including technical data and manuals, is restricted by a license agreement or by the
terms of this Agreement in accordance with Government Procurement Law of the People's Republic of China. The Printer
Driver Software Product was developed fully at private expense. All other use is prohibited.

9.12 Third-Party Beneficiary. There are no third-party beneficiaries under this Agreement.

9.13 Language. Regardless of any language into which this Agreement may be translated, the official, controlling and
governing version of this Agreement shall be exclusively the Chinese language version.

9.14 Modifications to this Agreement. 4BARCODE may modify this Agreement from time to time by giving notice to
you by email, through our website, through the Printer Driver Software Product or through 4BARCODE’s online user
interfaces as expressed above. At 4BARCODE’s discretion, you may be required to click to accept or otherwise
agree to a modified Agreement in order to continue using the Printer Driver Software Product, and, in any event,
continued use of the Printer Driver Software Product after the modified version of this Agreement becomes effective will
constitute your acceptance of such modified version as expressed above.
