TeamFabric End User License Agreement

Effective Date: January 12, 2026

1. This End User License Agreement (the “EULA”) is a binding agreement between Forbina Consulting LLC (“Licensor”) and the entity or person using the TeamFabric Website or TeamFabric Program (both defined below) accessed online using your device (“Licensee” or “you”). This EULA describes the how the Software can be used, by whom, and for what purposes, among other rights and obligations (your “License”). You will not be permitted to use the Software without first reading and accepting the terms and conditions of this EULA. The Software is licensed, not sold to you.

2. LICENSOR PROVIDES THE SOFTWARE AND ACCESS TO IT SOLELY ON THE TERMS AND CONDITIONS SET FORTH IN THIS EULA AND ON THE CONDITION THAT LICENSEE ACCEPTS AND COMPLIES WITH THEM. BY CHECKING THE “ACCEPT” BOX ON THE BOTTOM OF THE SCREEN OR BY OTHERWISE CONFIRMING YOUR ACCEPTANCE AS PROVIDED, YOU (A.) ACCEPT THIS EULA AND AGREE TO BE LEGALLY BOUND BY ITS TERMS; AND (B.) REPRESENT AND WARRANT THAT: (1.) YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; OR (2.) IF LICENSEE IS A CORPORATION, GOVERNMENTAL ORGANIZATION, OR OTHER LEGAL ENTITY, YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS EULA ON BEHALF OF LICENSEE AND BIND LICENSEE TO ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, LICENSOR WILL NOT AND DOES NOT LICENSE THE SOFTWARE TO LICENSEE, AND YOU MUST NOT USE THE SOFTWARE OR DOCUMENTATION.

3. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS EULA OR YOUR OR LICENSEE’S ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS EULA, NO LICENSE IS GRANTED (WHETHER EXPRESSLY, BY IMPLICATION, OR OTHERWISE) UNDER THIS EULA, AND THIS EULA EXPRESSLY EXCLUDES ANY RIGHT, CONCERNING ANY SOFTWARE THAT YOU DID NOT ACQUIRE LAWFULLY OR THAT IS NOT A LEGITIMATE, AUTHORIZED COPY OF LICENSOR’S SOFTWARE.

4. Definitions. For purposes of this Agreement, the following terms have the following meanings:

1. “TeamFabric Website” means the TeamFabric website and user interface, including all related Documentation, which may be accessed online using your computer, mobile phone, tablet, or other web-enabled device and as expressly set forth in an Invoice.

2. “TeamFabric Program” means the TeamFabric software program, including all related Documentation, which may be accessed online and as expressly set forth in an Invoice.

3. “API” means application programming interface.

4. “Authorized Users” means an employee, contractor, agent of Licensee, or other Person, who is authorized by Licensee to use the Software.

5. “Documentation” means user agreements, privacy policies, user manuals, technical manuals, and any other materials provided by Licensor, in printed, electronic, or other form, that describe the installation, operation, use, terms and policies of use, or technical specifications of the Software.

6. “Intellectual Property Rights” means any and all registered and unregistered rights granted, applied for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world.

7. “Invoice” means the invoice completed by Licensor documenting Licensee’s purchase and the license for the Software granted under this EULA.

8. “Licensee” has the meaning set forth in Section I.

9. “Licensor” has the meaning set forth in Section I.

10. “Person” means an individual, corporation, partnership, joint venture, limited liability company, governmental authority, unincorporated organization, trust, association, or other entity.

11. “Software” means collectively: the TeamFabric Website and/or TeamFabric Program (as applicable) and includes the software code/programs, platforms, applications, API’s, processes, Documentation, Updates, and installers necessary to use the Licensor’s products and for which Licensee is purchasing the License.

12. “Term” has the meaning set forth in Section XI.A.

13. “Third Party” means any Person other than Licensee or Licensor.

14. “Update” has the meaning set forth in Section VIII.A.

5. License Grant and Scope. Subject to and conditioned upon Licensee’s strict compliance with all terms and conditions set forth in this EULA, Licensor hereby grants to Licensee a non-exclusive, non-transferable, non-sublicensable, limited license during the Term to use, solely by and through its Authorized Users the Software solely as set forth in this Section V and subject to all conditions and limitations set forth in Section VI or elsewhere in this EULA. This license grants Licensee the right, exercisable solely by and through Licensee’s Authorized Users, to:

1. use, in accordance with the Documentation; and

2. access, use and run the Software as provided in accordance with this EULA and the Documentation, solely as set forth in the Documentation, and solely for Licensee’s purposes.

6. Use Restrictions. Licensee shall not, and shall require its Authorized Users not to, directly or indirectly:

1. use (including make any copies of) the Software beyond the scope of the license granted under Section V;

2. provide any other Person, including any subcontractor, independent contractor, affiliate, or service provider of Licensee, with access to or use of the Software;

3. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Software or any part thereof;

4. combine the Software or any part thereof with, or incorporate the Software or any part thereof in, any other programs;

5. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Software or any part thereof;

6. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices provided on or with the Software, including any copy thereof;

7. copy the Software, in whole or in part;

8. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Software, or any features or functionality of the Software, to any Third Party for any reason;

9. use the Software in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including:

1. power generation systems;

2. aircraft navigation or communication systems, air traffic control systems, or any other transport management systems;

3. safety-critical applications, including medical or life-support systems, vehicle operation applications, or any police, fire, or other safety response systems; and

4. military or aerospace applications, weapons systems, or environments;

10. use the Software in violation of any law, regulation, rule or policy, including but not limited to harassment, defamation, company or employer handbook, or any other immoral or improper use, in Licensor’s sole discretion; or

11. use the Software for purposes of competitive analysis of the Software, the development of a competing software product or service, or any other purpose that is to the Licensor’s commercial disadvantage.

7. Responsibility for Use of Software. Licensee is responsible and liable for all uses of the Software through access thereto provided by Licensee, directly or indirectly. Specifically, and without limiting the generality of the foregoing, Licensee is responsible and liable for all actions and failures to take required actions with respect to the Software by its Authorized Users or by any other Person to whom Licensee or an Authorized User may provide access to or use of the Software, whether such access or use is permitted by or in violation of this EULA.

8. Maintenance and Support. Subject to Section VIII.B, the license granted hereunder entitles Licensee to basic software maintenance as described in Section VIII.A.

1. Maintenance and support services will include provision of such updates, upgrades, bug fixes, patches, and other error corrections (collectively, “Updates”) as Licensor makes generally available free of charge to all licensees of the Software then entitled to maintenance and support services. Licensor may develop and provide Updates in its sole discretion, and Licensee agrees that Licensor has no obligation to develop any Updates at all or for particular issues. Licensee further agrees that all Updates will be deemed Software, all subject to all terms and conditions of this EULA. All access to the Software requires an internet connection, which connection is Licensee’s sole responsibility. Licensor has no obligation to provide Updates via any other media. Maintenance and support services do not include any new version or new release of the Software that Licensor may issue as a separate or new product, and Licensor may determine whether any issuance qualifies as a new version, new release, or Update in its sole discretion.

2. Licensor has no obligation to provide maintenance and support services, including Updates:

1. for any except the most current version or release of the Software;

2. for any copy of Software for which all previously issued Updates have not been installed;

3. if Licensee is in breach under this Agreement; or

4. for any Software that has been modified other than by or with the authorization of Licensor, or that is being used with any hardware, software, configuration, or operating system not specified in the Documentation or expressly authorized by Licensor in writing.

9. Collection and Use of Information.

1. Licensee acknowledges that Licensor may, directly or indirectly through the services of Third Parties, collect and store information regarding use of the Software and about equipment on which the Software is installed or through which it otherwise is accessed and used, through the provision of maintenance and support services.

2. Licensee agrees that the Licensor may use such information for any purpose related to any use of the Software by Licensee or on Licensee’s equipment, including but not limited to:

1. improving the performance of the Software or developing Updates; and

2. verifying Licensee’s compliance with the terms of this EULA and enforcing the Licensor’s rights, including all Intellectual Property Rights in and to the Software.

3. Use of Information is also controlled by the Licensor’s Data Collection Policy, located here: https://teamfabric.com/data-collection-policy/

10. Intellectual Property Rights. Licensee acknowledges and agrees that access to the Software is provided under license, and not sold, to Licensee. Licensee does not acquire any ownership interest in the Software under this EULA, or any other rights thereto, other than to use the same in accordance with the license granted and subject to all terms, conditions, and restrictions under this EULA. Licensor reserves and shall retain its entire right, title, and interest in and to the Software and all Intellectual Property Rights arising out of or relating to the Software, except as expressly granted to the Licensee in this EULA. Licensee shall safeguard all Software from infringement, misappropriation, theft, misuse, or unauthorized access. Licensee shall promptly notify Licensor if Licensee becomes aware of any infringement of the Licensor’s Intellectual Property Rights in the Software and fully cooperate with Licensor in any legal action taken by Licensor to enforce its Intellectual Property Rights.

11. Term and Termination.

1. This EULA and the license granted hereunder shall remain in effect until terminated as set forth herein (the “Term”).

2. Licensee may terminate this EULA by ceasing to use the TeamFabric Website or TeamFabric Program, as applicable, and destroying all copies of the Software or clearing a device’s cache.

3. Licensor may terminate this EULA, effective upon written notice to Licensee, if Licensee breaches this EULA and such breach: (i) is incapable of cure; or (ii) being capable of cure, remains uncured thirty (30) days after Licensor provides written notice thereof.

4. Licensor may terminate this EULA, effective immediately, if Licensee files, or has filed against it, a petition for voluntary or involuntary bankruptcy or pursuant to any other insolvency law, makes or seeks to make a general assignment for the benefit of its creditors or applies for, or consents to, the appointment of a trustee, receiver, or custodian for a substantial part of its property.

5. Upon expiration or earlier termination of this EULA, the license granted hereunder shall also terminate, and Licensee shall cease using and destroy all copies of the Software (if any) and Licensee’s access to the Software shall end. No expiration or termination shall affect Licensee’s obligation to pay all fees that may have become due before such expiration or termination or entitle Licensee to any refund, in each case except as set forth in Section XII.C.2.

12. Limited Warranties, Exclusive Remedy, and Disclaimer/Warranty Disclaimer.

1. Licensor warrants that, for the lease period following Licensee’s purchase of access:

1. the Software will substantially contain the functionality described in the Documentation, and when operated in accordance with, the Documentation, will substantially perform in accordance therewith.

2. The warranties set forth in Section XII.A.1 will not apply and will become null and void if Licensee breaches any provision of this Agreement, or if Licensee, any Authorized User, or any other Person provided access to the Software by Licensee or any Authorized User, whether or not in violation of this Agreement:

1. installs or uses the Software on or in connection with any hardware or software not specified in the Documentation;

2. modifies or damages the Software, or the media or online servers/platform on which it is provided, including abnormal physical or electrical stress; or

3. misuses the Software, including any use of the Software other than as specified in the Documentation.

3. If, during the period specified in Section XII.A, any Software covered by the warranty set forth in such Section fails to perform substantially in accordance with the Documentation, Licensor will, subject to Licensee’s promptly notifying Licensor in writing of such failure, at its sole option, either:

1. repair or replace the Software, provided that Licensee provides Licensor with all information Licensor requests to resolve the reported failure, including sufficient information to enable the Licensor to recreate such failure; or

2. refund the fees paid for the use of Software, subject to Licensee’s ceasing all use of and, uninstall the Software.

4. If Licensor repairs or replaces the Software, the warranty will continue to run from the initial date specified on the Invoice, and not from Licensee’s receipt of the repair or replacement. The remedies set forth in Section XII.C are Licensee’s sole remedies and Licensor’s sole liability under this EULA.

5. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION XII.A, THE SOFTWARE IS PROVIDED TO LICENSEE “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LICENSOR, ON ITS OWN BEHALF AND ON BEHALF OF ITS, OWNERS, AGENTS, AFFILIATES, AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE LICENSOR PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE LICENSED SOFTWARE WILL MEET THE LICENSEE’S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

13. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW:

1. IN NO EVENT WILL LICENSOR OR ITS OWNERS, AGENTS, AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY USE, INTERRUPTION, DELAY, OR INABILITY TO USE THE SOFTWARE; LOST REVENUES OR PROFITS; DELAYS, INTERRUPTION, OR LOSS OF SERVICES, BUSINESS, OR GOODWILL; LOSS OR CORRUPTION OF DATA; LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION, OR SHUTDOWN; FAILURE TO ACCURATELY TRANSFER, READ, OR TRANSMIT INFORMATION; FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION; SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION; OR BREACHES IN SYSTEM SECURITY; OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THIS EULA, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE LICENSOR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

2. IN NO EVENT WILL LICENSORS OR ITS OWNERS, AGENTS, OR AFFILIATES, INCLUDING ANY OF ITS OR THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, COLLECTIVE AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS EULA OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, EXCEED THE TOTAL AMOUNT PAID TO THE LICENSOR FOR THE SOFTWARE.

3. THE LIMITATIONS SET FORTH IN SECTION XIII.A AND SECTION XIII.B SHALL APPLY EVEN IF THE LICENSEE’S REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.

14. Export Regulation. The Software may be subject to United States export control laws, including the United States Export Administration Act and its associated regulations. The Licensee shall not, directly or indirectly, export, re-export, or release the Software to, or make the Software accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. The Licensee shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Software available outside the United States.

15. US Government Rights. The Software is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if the Licensee is the United States Government or any contractor therefor, Licensee shall receive only those rights with respect to the Software as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other United States Government licensees and their contractors.

16. Geographic Restrictions. Licensor is based in the State of Colorado in the United States. Licensor makes no claims that the Software is accessible or appropriate outside of the United States. Access to the Software may not be legal by certain persons or in certain countries. If you access or use the Software outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

17. Miscellaneous.

1. All matters arising out of or relating to this EULA shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or relating to this EULA or the transactions contemplated hereby shall be instituted in the federal courts of the United States of America or the courts of the State of Colorado in each case located in the City of Denver and County of Denver, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such legal suit, action, or proceeding. The prevailing party in litigation is entitled to recover its attorneys’ fees and costs from the other party.

2. Licensor will not be responsible or liable to Licensee, or deemed in default or breach hereunder by reason of any failure or delay in the performance of its obligations hereunder where such failure or delay is due to strikes, labor disputes, civil disturbances, riot, rebellion, invasion, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or non-availability of electrical power, heat, light, air conditioning, or Licensee equipment, loss and destruction of property, or any other circumstances or causes beyond Licensor’s reasonable control.

3. All notices, requests, consents, claims, demands, waivers, and other communications hereunder shall be in writing and shall be deemed to have been given: 1. when delivered by hand (with written confirmation of receipt); 2. when received by the addressee if sent by a nationally recognized overnight courier (receipt requested); or 3. on the date received by facsimile or email (with deliberate confirmation of transmission by recipient). Such communications must be sent to the respective parties at the addresses set forth on the Invoice or to such other address as may be designated by a party from time to time in accordance with this Section XVII.C.

4. This EULA, together with the Invoice, Data Collection Policy, and the Documentation constitutes the sole and entire agreement between Licensee and Licensor with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

5. Licensee shall not assign or otherwise transfer any of its rights, or delegate or otherwise transfer any of its obligations or performance, under this EULA, in each case whether voluntarily, involuntarily, by operation of law, or otherwise, without Licensor’s prior written consent, which consent Licensor may give or withhold in its sole discretion. No delegation or other transfer will relieve Licensee of any of its obligations or performance under this EULA. Any purported assignment, delegation, or transfer in violation of this Section XVI.E is void. Licensor may freely assign or otherwise transfer all or any of its rights, or delegate or otherwise transfer all or any of its obligations or performance, under this EULA without Licensee’s consent. This EULA is binding upon and inures to the benefit of the parties hereto and their respective permitted successors and assigns.

6. This EULA is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer on any other Person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this EULA.

7. This EULA may only be amended, modified, or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this EULA, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this EULA shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

8. If any term or provision of this EULA is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

9. For purposes of this EULA, 1. the words “include,” “includes,” and “including” shall be deemed to be followed by the words “without limitation”; 2. the word “or” is not exclusive; and 3. the words “herein,” “hereof,” “hereby,” “hereto,” and “hereunder” refer to this EULA as a whole. Unless the context otherwise requires, references herein: 4. to an agreement, instrument, or other document means such agreement, instrument, or other document as amended, supplemented, and modified from time to time to the extent permitted by the provisions thereof and 5. to a statute means such statute as amended from time to time and includes any successor legislation thereto and any regulations promulgated thereunder. This EULA shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. The Invoice referred to herein shall be construed with, and as an integral part of, this EULA to the same extent as if they were set forth verbatim herein.

10. The headings in this EULA are for reference only and do not affect the interpretation of this EULA.