MVITEC END USER LICENSE AGREEMENT AND TERMS OF SALE

Version 2026-09-21.2

IMPORTANT: Please read this End User License Agreement and Terms of Sale ("Agreement") carefully before buying, installing or using the Mvitec software products. This is a legal agreement between you (the "Customer") and Mvitec.

1. PARTIES
This Agreement is entered into with:
Mvitec (sole proprietorship / eenmanszaak), owner Maurice van Iersel
Luikerweg 25, 5554 NA Valkenswaard, The Netherlands
Chamber of Commerce (K.v.K.) 76545733, VAT NL003094308B98
Tel. +31 (0)6 54685423, email maurice@mvitec.com, website www.mvitec.com

The Customer is the natural or legal person who buys, installs, activates or uses the software. Where an employee buys or installs the software on behalf of a company, that company is the Customer and the employee confirms to be authorized to accept this Agreement on its behalf.

2. DEFINITIONS
"Software" means the Mvitec desktop applications and SOLIDWORKS add-ins made available through the Mvitec installer or www.mvitec.com (including but not limited to Vitreo, Vitreo Web, Vitreo add-ins, Q-FinPro, BaxPro, MvitecPro, MToolBox and Mviteams), their updates, documentation and the Mvitec online services they connect to.
"License" means the right to use the Software under this Agreement, tied to a Mvitec user account and to the product tier and term that were purchased or granted.
"Customer Data" means the SOLIDWORKS files, exports, databases, web pages and other content the Customer creates, processes or publishes with the Software.
"Output" means every result the Software produces from Customer Data, such as bills of materials, quantities, property values, exports, order lists, renamed or converted files and published web pages.

3. ACCEPTANCE AND SCOPE
By ticking the acceptance box when buying, by clicking "Accept" in the installer, or by installing, copying or using the Software, you agree to be bound by this Agreement. If you do not agree, do not buy, install or use the Software. This Agreement applies to every offer, order, delivery and License of Mvitec, and is available at any time at www.mvitec.com/Terms, where it can be saved and printed. The Software is offered to businesses in every country and, when bought online, to consumers (private persons) living in the European Union. Section 22 contains the rules that apply only to consumers; where this Agreement and section 22 differ, section 22 applies to consumers.

4. LICENSE GRANT
Subject to this Agreement and payment of the applicable fees, Mvitec grants the Customer a non-exclusive, non-transferable, revocable license to install and use the Software during the License term, on computers used by the users for whom a License was purchased. A License is personal to a named user account; sharing an account between persons, and moving a License to another company, is not permitted. Free, trial, beta and evaluation versions may be limited in features, time or number of items, are granted at the sole discretion of Mvitec and can be ended by Mvitec at any time.

5. SUBSCRIPTION, TERM AND ACTIVATION
Licenses are sold as a subscription for the term stated at purchase (for example monthly or yearly), for a fixed period or, where so agreed, as a one-time purchase. A subscription renews automatically for the same term unless cancelled before the end of the current term. Product tiers (for example Standard, Professional, Premium) determine which features are available. The Software verifies the License online with the Mvitec servers at startup and at regular intervals and needs an internet connection for that. When a License expires or is not verified, the Software can restrict or stop its functions; files created with the Software remain on the Customer's computer and are not affected.

6. FEES, PAYMENT AND REFUNDS
Fees are those stated on www.mvitec.com or in the offer accepted by the Customer, excluding VAT unless stated otherwise. Payment at purchase is handled by the payment provider shown at checkout; invoices are payable within 14 days. When the Customer pays late, Mvitec may suspend the License and charge the statutory commercial interest and reasonable collection costs. Mvitec may change fees for the next subscription term with at least 30 days' notice. Fees paid are non-refundable, except where Mvitec fails to deliver the Software or where mandatory law provides otherwise. The Customer can evaluate the Software with the free trial before buying.

7. RESTRICTIONS
The Customer may NOT:
- Reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of the Software, except to the extent expressly permitted by mandatory law
- Copy (other than for backup), redistribute, sell, rent, lease, lend, sublicense or otherwise make the Software available to third parties
- Circumvent, disable or interfere with the License verification, account or security mechanisms of the Software
- Use one user account or License for more persons or more companies than it was purchased for
- Remove or alter any proprietary notices, labels or copyright statements
- Use the Software to violate any law or the rights of third parties

8. INTELLECTUAL PROPERTY
The Software, its code, design, documentation, viewer templates and all copies remain the exclusive property of Mvitec and are protected by copyright and other intellectual property laws. Nothing in this Agreement transfers ownership or grants rights to trademarks, service marks or patents of Mvitec. Customer Data and Output remain the property of the Customer.

9. THIRD-PARTY SOFTWARE AND SOLIDWORKS
The Software uses components of Dassault Systemes SolidWorks Corporation, such as the SOLIDWORKS Document Manager API and eDrawings, as well as other third-party components (for example LiteDB and SSH.NET). These components are subject to their own license terms, which the Customer accepts by using the Software. The SOLIDWORKS add-ins, and functions of other Software that work inside SOLIDWORKS, require a valid SOLIDWORKS license of the Customer. SOLIDWORKS and eDrawings are trademarks of Dassault Systemes. Mvitec is an independent developer and is not affiliated with, endorsed or sponsored by Dassault Systemes. Mvitec does not guarantee compatibility with every SOLIDWORKS version, and a change in a third-party component can change or stop functions of the Software.

10. CUSTOMER DATA, BACKUPS AND CHECKING THE OUTPUT
The Software reads and WRITES SOLIDWORKS files and other files on the Customer's computers and network: it saves properties and materials, renames, exports and converts files, creates packages, deletes and replaces files on request (for example when updating or deleting a sample project) and publishes web pages. THE CUSTOMER IS SOLELY RESPONSIBLE FOR MAKING AND KEEPING BACKUPS OF ALL CUSTOMER DATA before and during the use of the Software.
The Software is a tool that supports the Customer's own engineering and administration. It does not replace the Customer's own checks. THE CUSTOMER MUST CHECK THE OUTPUT, SUCH AS BILLS OF MATERIALS, QUANTITIES, PROPERTY VALUES AND EXPORTS, BEFORE USING IT FOR ORDERING, PURCHASING, QUOTATION, PRODUCTION, DELIVERY OR ANY OTHER DECISION. The results depend on the SOLIDWORKS files, their configurations and saved values, the settings chosen by the Customer and third-party components, which are outside the control of Mvitec.
Web pages published with Vitreo Web are created on the Customer's own computer, folder or server; the Customer decides what is published and with whom it is shared and is solely responsible for that content. Mvitec does not host or receive the Customer's files, exports or published pages; the only exceptions are the file names and folder paths that are part of the settings and error reports described in section 11.

11. DATA COLLECTION AND PRIVACY
To provide the Software and its online services, Mvitec processes the following data on its servers:
- Account data: email address, name and company details of the user account
- License and installation data: product, version, installer version, SOLIDWORKS version, computer name, Windows user name, motherboard serial number, operating system and IP address, plus a periodic "heartbeat" while the Software is running, used to verify Licenses and detect misuse
- Error reports: technical error logs (exception text, file name of the source code, product version) sent automatically to allow support and improvement; these may contain file names or paths of Customer Data
- Usage statistics, when switched on for the user account: the names of the functions that are used and how often, never file names, property values or other Customer Data
- Application settings: for Vitreo, the user settings (project names, folder paths, column and property definitions, templates) are stored on the Mvitec servers so they follow the user across computers and can be shared with colleagues of the same company when the user chooses to share a project
- The sample project offered by Mvitec is downloaded from the Mvitec servers
The SOLIDWORKS files, the local Vitreo database, the exported files and the published web pages themselves are NOT sent to Mvitec. Data is stored on servers in the European Union, kept for as long as the account exists and for a reasonable period thereafter, and is not sold or passed to third parties except as needed to operate the service (hosting and payment providers) or as required by law. Mvitec processes personal data in accordance with the General Data Protection Regulation (GDPR); the privacy statement at www.mvitec.com/Privacy describes the processing in more detail and how to request access, correction or deletion.

12. ONLINE SERVICES AND AVAILABILITY
Mvitec makes reasonable efforts to keep its online services (accounts, License verification, settings, updates and downloads) available, but does not guarantee uninterrupted availability. Maintenance, updates, failures of hosting providers, internet connections or third-party services can make the online services temporarily unavailable. Mvitec is not liable for a temporary unavailability.

13. UPDATES AND CHANGES
Mvitec may release updates that add, change or remove features and may require the Customer to install an update to keep using the online services. Mvitec may change this Agreement; the current version is shown by the installer and at www.mvitec.com/Terms. Continued use of the Software after an updated Agreement has been made available constitutes acceptance of the update. The Customer may terminate the subscription if a change is materially detrimental.

14. SUPPORT
Technical support is provided by email to maurice@mvitec.com or via www.mvitec.com on a reasonable-effort basis during Mvitec's business hours. Response and resolution times are not guaranteed unless agreed in a separate support agreement. Support may require the Customer to send log files or example files.

15. DISCLAIMER OF WARRANTIES
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. MVITEC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, UNINTERRUPTED OR ERROR-FREE OPERATION AND CORRECTNESS OF RESULTS. THE CUSTOMER USES THE SOFTWARE AND RELIES ON ITS OUTPUT AT ITS OWN RISK.

16. LIMITATION OF LIABILITY
16.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, MVITEC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT, LOSS OF BUSINESS, PRODUCTION STANDSTILL, WRONG ORDERS, PURCHASES OR DELIVERIES BASED ON OUTPUT, LOSS OF OR DAMAGE TO DATA OR FILES, COSTS OF RECONSTRUCTING DATA, OR CLAIMS OF THIRD PARTIES, ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16.2 THE TOTAL LIABILITY OF MVITEC UNDER THIS AGREEMENT, FOR ALL EVENTS TOGETHER IN ONE CONTRACT YEAR, SHALL BE LIMITED TO THE FEES PAID BY THE CUSTOMER FOR THE SOFTWARE CONCERNED IN THE TWELVE (12) MONTHS PRECEDING THE FIRST EVENT GIVING RISE TO A CLAIM. Where Mvitec is insured for the damage, its liability is further limited to the amount the insurer pays out in that case.
16.3 For free, trial, beta and evaluation Licenses, Mvitec is not liable for any damage.
16.4 A claim is only possible when the Customer reports the damage to Mvitec in writing within 30 days after discovering it. Any claim against Mvitec expires twelve (12) months after the event that caused the damage.
16.5 The Customer indemnifies Mvitec against claims of third parties, including the Customer's own customers, related to the Customer's use of the Software or its Output.
16.6 These limitations do not apply in case of intent or deliberate recklessness of Mvitec itself.

17. FORCE MAJEURE
Mvitec is not bound to perform any obligation when prevented by circumstances beyond its control, including failures of hosting, internet or power providers, changes or failures of SOLIDWORKS or other third-party components, cyber attacks, illness and government measures. If such a situation lasts longer than 60 days, either party may end the affected subscription in writing, without any right to damages.

18. SUSPENSION AND TERMINATION
This Agreement is effective until terminated. Mvitec may suspend or end a License, without refund, if the Customer fails to comply with this Agreement, in particular sections 4, 6 and 7. Either party may end a subscription at the end of its current term. Upon termination the License ends, the Customer must stop using and uninstall the Software and destroy all copies; Customer Data on the Customer's computers is not affected. Sections 8, 10, 11, 15, 16, 20, 21 and 22 survive termination.

19. EXPORT CONTROL AND SANCTIONS
The Customer confirms that it is not located in, or acting for a person located in, a country or region under European Union sanctions, and that it is not listed on a sanctions list of the European Union, the United Nations or the United States. The Customer will not export or make the Software available in breach of these rules. Mvitec may refuse or end a License when these rules require it.

20. GOVERNING LAW AND DISPUTES
This Agreement is governed by the laws of the Netherlands, excluding the United Nations Convention on Contracts for the International Sale of Goods. Disputes shall be submitted exclusively to the competent court of the district in which Mvitec is established (Oost-Brabant), unless mandatory law provides otherwise. Parties will first try to resolve a dispute amicably.

21. GENERAL
This Agreement, together with the order or offer accepted by the Customer and the privacy statement, constitutes the entire agreement between the parties regarding the Software and supersedes all prior agreements. General purchasing conditions of the Customer do not apply and are expressly rejected. If any provision is held invalid, the remaining provisions remain in force and the invalid provision is replaced by a valid one that comes closest to its purpose. The Customer may not assign this Agreement without written consent of Mvitec. This Agreement is written in English; in case of a translation, the English text prevails.

22. CONSUMERS
This section applies only when the Customer is a consumer (a private person not acting for a business).
22.1 Right of withdrawal: a consumer may withdraw from an online purchase within 14 days without giving a reason. The Software is digital content that is supplied right away. At the purchase the consumer asks for immediate access and confirms that the right of withdrawal ends when the License starts. An online purchase is only possible with that consent.
22.2 Prices shown to consumers include VAT.
22.3 The statutory rights of consumers on the conformity of digital content are not limited by this Agreement. Sections 15 and 16 apply to consumers only as far as the law allows.
22.4 After the first term, a consumer may end a subscription at any time with one month's notice, also through the billing page on www.mvitec.com. Mvitec refunds the fees paid for the period after the end date.
22.5 A consumer may also bring a dispute before the competent court of the place where the consumer lives. The choice of Dutch law does not take away the protection of the mandatory consumer law of the country where the consumer lives.

By accepting, you acknowledge that you have read, understood and agree to be bound by this Agreement, and that you are authorized to do so on behalf of the Customer.

Mvitec, Maurice van Iersel
Luikerweg 25, 5554 NA Valkenswaard, The Netherlands
K.v.K. 76545733, VAT NL003094308B98
www.mvitec.com, maurice@mvitec.com, +31 (0)6 54685423