Third-Party Software and Services Notice

AppsInHD License Agreement

NOTICE TO LICENSEES REGARDING ADDITIONAL LICENSE PROVISIONS RELATED TO OPEN-SOURCE AND OTHER THIRD-PARTY SOFTWARE AND SERVICES

Some of the software applications (the "Products") commercially licensed by Harris Business Group, Inc. ("HarrisData") contain software tools or other components (the "Third-Party Components") that either (a) are made available to licensees, not from HarrisData, but by a separate license with a third-party licensor, or (b) are sublicensed by HarrisData under a head license that requires its customers to abide by certain provisions. In addition, some third-party service providers under contract with HarrisData ("Third-Party Providers"), such as cloud-computing hosting and services companies, may require some of HarrisData's licensees to be bound by certain covenants.

If you are a licensee under a software license agreement with HarrisData, you may be further bound by some or all of the provisions outlined in this Notice, depending on the Products you use and how you access them. Your use of Products that incorporate Third-Party Components or engage the services of Third-Party Providers constitutes your agreement to be bound by the relevant provisions set out or referenced below, all of which are incorporated by reference into your HarrisData license agreement.

If the terms mandated by licensors of Third-Party Components or Third-Party Providers change, or if HarrisData adds or changes Third-Party Components or Third-Party Providers in the future, you will be similarly bound by any new or additional license terms applicable to the Products you use. In such event, HarrisData will update this Notice but will take no other action to notify you of such new or additional terms.

AS HARRISDATA DOES NOT OWN AND HAS NOT CONTRIBUTED TO THE DEVELOPMENT OF THE THIRD-PARTY COMPONENTS, AND MAINTAINS NO CONTROL OVER THE THIRD-PARTY PROVIDERS, HARRISDATA MAKES NO WARRANTY REGARDING THEM OR THEIR SERVICES, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WHETHER AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS, SUSCEPTIBILITY TO MALICIOUS SOFTWARE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY. THE THIRD-PARTY COMPONENTS AND THE SERVICES OF THIRD-PARTY PROVIDERS ARE DELIVERED WITH THE PRODUCTS, OR UPON YOUR USE THEREOF, ON AN AS-IS BASIS.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL HARRISDATA BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OF ANY CHARACTER, ARISING AS A RESULT OF YOUR USE OF THE THIRD-PARTY COMPONENTS OR THE SERVICES OF THIRD-PARTY PROVIDERS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES.

Following is a list of the Third-Party Components and Third-Party Providers, along with a description of the additional provisions by which you will be bound if you use such components or services in connection with the Products:

1. Cloud-Computing Services by Logicalis.

HarrisData has entered into an agreement with Logicalis, Inc. (“Logicalis”) for cloud-computing services for certain of the Products. By using such Products “in the cloud,” you agree that:

a. You will abide by Logicalis’s “Acceptable Use Policy,” available at www.us.logicalis.com/aup. Logicalis may unilaterally modify the terms of such policy from time to time. HarrisData will not undertake to update you regarding any such modifications.

b. In your use of the Products, you will use reasonable security precautions (i.e., maintain up-to-date virus scanning, operating system security patches, and firewall protection).

2. The Zend Technologies Web Server Engine.

Zend is now known as Rogue Wave Software: Zend

Some of the Products use a web server engine made available under a license from Zend Technologies, Inc. (the “Zend Software”). By entering into a license agreement to use such Products, you agree that:

a. You will use the Zend Software solely for your internal use and only as a part of the Products, never separately.

b. You will not transfer or copy any software comprising the Zend Software (other than temporary transfer in the event of a hardware malfunction and a single archival or backup copy.

c. You will not distribute, assign, timeshare, or rent use of the Zend Software or otherwise act as a service bureau concerning the Zend Software.

d. You will not reverse compile or reverse assemble all or any portion of the Zend Software.

e. You understand and acknowledge that the sublicense of the use of the Zend Software to you provides you no title to or other interest in the Zend Software.

f. HarrisData and Zend Technologies, Inc. provide the Zend Software to you with no warranty whatsoever, except that HarrisData warrants that it has the right to sublicense its use to you.

g. Neither HarrisData, Zend Technologies, Inc., nor any other person shall have any liability for any indirect, incidental, or consequential damages suffered by you and arising out of your use of the Zend Software.

h. Upon the termination of your sublicense to use the Zend Software, you agree to discontinue using it and to return to HarrisData (or destroy) the Zend Software and any related documentation, as well as all archival, backup, or other copies of such software or documentation.

3. The BSI Application Program Interface.

Certain Products require the use of an application program interface owned and licensed by Business Software, Inc. (“BSI”). By using any Product incorporating such an interface (the “BSI API”), you agree that:

a. You will only use the BSI API in conjunction with the licensed BSI system, only to process the data of your employees and the employees of your wholly-owned subsidiaries, and for no other reason whatsoever.

b. You covenant and agree that you will not reveal, disclose, copy, use, exploit, appropriate, or make available, in any manner or form, any portion of BSI’s proprietary information, or any information related thereto, to any person, other than your employees, agents, contractors, integration consultants, and advisors; provided that (i) such disclosure is on a need-to-know and confidential basis; and (ii) the recipient of such disclosure is (a) not a direct competitor of BSI, and (b) is located in the United States of America. In connection with the foregoing, you shall ensure, via a lawfully binding written contract, that any person to whom it is permitted to disclose, reveal, deliver, assign or transfer any portion of BSI’s proprietary information agrees to obligations of confidentiality, nondisclosure, and limited use, which are consistent with, and no less protective than, those set forth herein, and you agree to be responsible to BSI for any breach of said obligations by the recipient of your disclosure. The foregoing obligations shall not apply, however, if and to the extent that: (i) the information was already known to the non-disclosing party, without obligation to keep it confidential, as evidenced by such party’s own written records, created prior to its receipt of the information from the disclosing party; (ii) the information was received by the non-disclosing party in good faith, from a third party lawfully in possession thereof and having no obligation to keep such information confidential; (iii) the information is independently developed by the non-disclosing party, without use of any proprietary information received from the disclosing party; (iv) the information was or becomes publicly known, other than by a breach of a nondisclosure covenant or other action by the non-disclosing party; (v) the information was approved for disclosure by written agreement of the parties after its disclosure to the non-disclosing party; or (vi) the information is disclosed by the non-disclosing party pursuant to a requirement of a governmental agency or by operation of law, provided that, with respect to clause (vi), the non-disclosing party has exhausted all reasonable legal remedies for maintaining the confidentiality and non-disclosure of such information, at its expense, which shall include giving the disclosing party as much advance notice of the possibility of such disclosure as practical so that the disclosing party may also attempt to stop such disclosure or obtain a protective order concerning such disclosure. In the event you learn that an employee of yours, or a third party, has revealed, disclosed, copied, used, exploited, or appropriated any of BSI’s proprietary information, created any derivative works thereof, or has otherwise done any act which you or such party is obligated to not permit or to cause such employee or other third party to not do, you shall promptly notify BSI in writing, specifying, with particularity (i) the name, address and telephone number of such employee or third party, (ii) a factual description of the nature and circumstance of such revelation, disclosure, copying, use, exploitation or appropriation, and (iii) any other information requested which is reasonably related to the foregoing.

c. You shall not (nor attempt to) make any use of BSI materials, apart from your use of the Products. Without limiting the generality of the foregoing, you shall not (nor attempt to) (i) access, read, extract, add to, delete, or modify any data contained in the BSI’s materials or BSI’s website (or any part of the foregoing), or engage in data mining concerning any data located therein; (ii) decompile, disassemble or otherwise reverse engineer any object code software provided by BSI, or made available on BSI’s Website; (iii) create, or cause any third party to create, any modifications, extensions or derivative works of any of BSI’s materials; (iv) use any of BSI’s materials (or any part thereof) to directly or indirectly support, maintain, enhance, improve, modify or develop any software or any other product, including, but not limited to, software with taxation-related calculations, processes or functions, regardless of whether such software is created, developed, or maintained you, your licensors, affiliates or any other person.

d. You shall not (nor attempt to) (i) alter, or permit a third party to alter, any part of BSI’s website; (ii) resell access or use of BSI’s website, or any part or component thereof; (iii) process or permit to be processed, through the use of any part of BSI’s website, its data or the data of any third party; (iv) use BSI’s website, or any part or component thereof, in the operation of a service bureau;(v) disassemble, decompile, reverse engineer or otherwise attempt to derive source code from BSI’s website; (vi) transmit to BSI’s Website any computer virus, harmful component, or corrupted data or take any other action that adversely affects the performance or availability of BSI’s website; (vii) provide, or make available, any links, hypertext (Universal Resource Locator (URL) address) or otherwise, to BSI’s website, or any part thereof; (viii) send unsolicited advertising or promotional materials (including, without limitation, "spam" or bulk e-mail and/or "chain"-type letters) to BSI’s website or facilitate or promote illegal activities thereon; (ix) circumvent the user authentication or security of BSI’s website or any host, network, or account related thereto; (x) mirror either BSI’s website or any part or component thereof, on any other server; or (xi) license, sell, transfer, lease, transmit, distribute or otherwise disclose or allow any third party to use any user identification(s), code(s), password(s), procedure(s) or user keys issued to, and/or selected by you for entry into BSI’s website or any part thereof, and/or to gain access to any of BSI’s materials or any part of the foregoing.

4. The JavaMail Interface.

Some of the Products include a copy of the JavaMail application programming interface of Oracle America, Inc. (“Oracle”). Its use by HarrisData’s licensees is governed by the terms of an Oracle Binary Code License Agreement (the “Oracle BCL”), the text of which appears at http://www.oracle.com/technetwork/java/javase/overview/bcl-javase-366864.html. Oracle may unilaterally modify the terms of the Oracle BCL from time to time. HarrisData will not undertake to update you regarding any such modifications.

5. Sencha Touch.

Some of HarrisData’s Products make use of an open-source JavaScript framework known as Sencha Touch, provided under license from Sencha, Inc. By using such Products, you agree to be bound by the terms and conditions, with respect to the Sencha Touch component, of the General Public License, v.3.0, the text of which appears at https://www.gnu.org/licenses/gpl.html.

6. PHP Mailer

Some of HarrisData’s Products make use of an open-source for creating and sending emails known as PHP Mailer, provided under license from Free Software Foundation, Inc.By using such Products, you agree to be bound by the terms and conditions, with respect to PHP Mailer component, of the General Public License, the text of which appears at https://github.com/PHPMailer/PHPMailer/blob/master...

7. Phinx

Some of HarrisData’s Products make use of an open-source for handling data migrations known as Phinx, provided under the MIT License. By using such Products you agree to be bound by the terms and conditions, with respect to the Phinx component of the MIT license, the text of which appears at https://github.com/cakephp/phinx/blob/master/LICENSE

8. Symfony

Some of HarrisData’s Products make use of an open-source for command line interface utility known as Symfony/console, a configuration utility for loading config files known as symphony/ config, and a library for working with YAML files known as symphony/yaml provided under the MIT License. By using such Products you agree to be bound by the terms and conditions, with respect to symphony component(s), of the MIT license, the text of which appears at https://github.com/symfony/console/blob/master/LICENSE

9. Twilio-PHP

Some of HarrisData’s Products make use of an open-source for handling Twilio SMS/Text messaging known as Twilio-PHP, provided under the MIT License. By using such Products, you agree to be bound by the terms and conditions, with respect to Twilio-PHP component, of the MIT License, the text of which appears at https://github.com/twilio/twilio-php/blob/master/LICENSE.md

10. flysystem

Some of HarrisData’s Products make use of an open-source for handling FTP/FTPS transfers known as thephpleague/flysystem, and the SFTP adaptor known as league/flysystem-sftp provided under the MIT License. By using such Products, you agree to be bound by the terms and conditions, with respect to thephpleague/flysystem component (s), of the MIT License, the text of which appears at https://github.com/thephpleague/flysystem/blob/mas...

11. phpseclib

Some of HarrisData’s Products make use of an open-source for PHP Secure communication library for RSA, AES, SSH2, SFTP, and X.509 known as phpseclib provided under the MIT License. By using such Products, you agree to be bound by the terms and conditions, with respect to the phpseclib component of the MIT License, the text of which appears at https://github.com/phpseclib/phpseclib/blob/master...

12. defuse (Paragon Initiative Enterprises)

Some of HarrisData’s Products make use of an open-source data encryption library known as defuse/PHP-encryption provided under the MIT License. By using such Products, you agree to be bound by the terms and conditions, with respect to defuse/PHP-encryption component of the MIT License, the text of which appears at https://github.com/defuse/php-encryption/blob/mast...

13. Paragon Initiative Enterprises

Some of HarrisData’s Products make use of an open-source for the library to help generate random bytes for encryption/decryption signatures known as paragonie/random_compat provided under the MIT License. By using such Products, you agree to be bound by the terms and conditions, with respect to paragonie/random_compat component of the MIT License, the text of which appears at https://github.com/paragonie/random_compat/blob/ma...

14. giggsey

Some of HarrisData’s Products make use of an open-source for PHP port of Google's libphonenumber for validating phone numbers known as giggsey/libphonenumber-for-php provided under the Apache License. By using such Products, you agree to be bound by the terms and conditions, with respect to giggsey/libphonenumber-for-php component of the Apache License, the text of which appears at https://github.com/giggsey/libphonenumber-for-php/...

15. Solr

The Apache Software Foundation

The Apache Software Foundation provides support for the Apache community of open-source software projects. The Apache projects are defined by collaborative consensus-based processes, an open, pragmatic software license, and a desire to create high-quality software that leads the way in its field. Apache Lucene, Apache Solr, Apache PyLucene, Apache Open Relevance Project, and their respective logos are trademarks of The Apache Software Foundation. All other marks mentioned may be trademarks or registered trademarks of their respective owners.