3. Development of software 4. Provision and use 5. Provision of services

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1 General Terms And Conditions of Stichting Dienst Landbouwkundig Onderzoek (DLO), instituut Wageningen UR Livestock Research for the granting of rights to use software MiXBLUP, registered at the Court of Zwolle- Lelystad under number 15/ Terminology, applicability 1.1. In these general terms and conditions for the granting of rights to use software, Wageningen UR Livestock Research means the legal entity Stichting Dienst Landbouwkundig Onderzoek (DLO), with its registered office in Wageningen, and its principal place of business in (8219 PH) Lelystad, at Edelhertweg 15, (postal address: Postbus 65 (8200 AB) Lelystad), listed in the Commercial Register of the Chamber of Commerce under number In these general terms and conditions the party with which Wageningen UR Livestock Research contracts will be referred to as the licensee In these general terms and conditions software means the software related to the program MiXBLUP The general terms and conditions of the licensee are not applicable and are expressly rejected Any departures from these general terms and conditions shall be valid only if confirmed in writing by Wageningen UR Livestock Research to the licensee. 2. Software and right of use 2.1. Under the agreement between the parties, the licensee is granted a nonexclusive license for a specified period to use the software MiXBLUP. Software is taken to mean: all instructions recorded on carriers for that purpose, whether or not readable by machines, in respect of the operation of any automated provision or for the processing of data therein and documentation directly related thereto, including the preparatory design materials. The licensee is offered so-called executables only, not source codes Unless agreed otherwise in writing, the license is valid for one year Wageningen UR Livestock Research (or its affiliated enterprises) retains all rights to the software provided by it, without prejudice to the licensee s right of use under these general terms and conditions. The licensee has the right to use the software for personal use in accordance with its intended purpose, solely on the computer configuration envisaged for the use of the software under the agreement Any other use of the software than specified in article 2.3, including offering it to third parties in any form whatsoever, whether or not for commercial reasons, is forbidden. The licensee is not permitted, in any form whatsoever, to make changes or alterations to the software. Any breach of this provision will result in the licensee being liable to pay Wageningen UR Livestock Research a fine of EUR 100,000 for each violation, which is not subject to mitigation, and further payment of EUR 10,000 for each day that the breach is continued, without prejudice to the right of Wageningen UR Livestock Research to claim compensation for the actual loss suffered The licensee is permitted to make a maximum of one copy of the software for security purposes, for exclusive personal use, and on condition that no changes or omissions are made to brands, names, numbers and other

2 identifying marks regarding the ownership of the software. The licensee is not permitted to have this copy made by third parties Without prejudice to the other relevant stipulations in this agreement, the right of use shall cease with the alienation of the computer configuration referred to in article 2.2., or of essential parts thereof; as well as with executory seizure against it Wageningen UR Livestock Research is authorised to take technical measures, both in order to protect the software and to ensure the collection of outstanding amounts on the part of the licensee, as well as to effectively terminate the license agreement upon its expiry date Publication by the licensee (or a third party) of a (scientific) article with data acquired by means of the equipment provided by Wageningen UR Livestock Research requires crediting of the source by including the (specification of) the software and its supplier respectively. 3. Development of software 3.1. Unless other obligations have been agreed relating to the development of software and the availability of the results acquired, these general terms and conditions apply The obligation to provide services relating to the development of software is confined to what is stipulated in the written assignment and/or specifications offered to and accepted by Wageningen UR Livestock Research Regarding the software referred to in this article - but only insofar as it concerns this software - the licensee is granted the non-exclusive right to use the software, for exclusive personal use, limited to the agreed period of time Wageningen UR Livestock Research reserves the right, under all circumstances, to use for the benefit of other licensees any ideas, systems, algorithms and methods capable of more general application and not restricted to concrete program components, even if these ideas etc. were found during the execution of an assignment from the licensee. 4. Provision and use 4.1. Pursuant to the obligation to provide software, Wageningen UR Livestock Research will offer the licensee at least one information carrier containing the software in a form which can be processed by the licensee s computer facility, as well as, if and to the extent that it is available, one (digital) set of the documentation relating to this software (PDF file). These information carriers may be charged separately MiXBLUP is supported by Windows and LINUX operating systems. Wageningen UR Livestock Research is not liable for any damage or defects as a result of the use of the software in combination with another operating system, nor for any repairs in these cases. 5. Provision of services 5.1. This article includes any assignment by Wageningen UR Livestock Research of personnel in its employment, in view of the provision of services relating to the availability, installation, maintenance, support or use of software, whether or not in combination with any other tools and facilities In case of urgent circumstances, which are exclusively at the discretion of Wageningen UR Livestock Research, Wageningen UR Livestock Research

3 has the right to suspend the provision of services referred to in this article, for the purpose of assigning the personnel involved (wholly or partly) elsewhere. 6. Confidentiality 6.1. Parties will maintain confidentiality regarding all information obtained by the party concerned in a relationship governed by these general terms and conditions, and of which it is clear that the other party demands confidentiality. 7. Cooperation by licensee 7.1. The licensee shall supply Wageningen UR Livestock Research upon request and in good time with adequate and accurate information, as well as extend all necessary cooperation and guarantee the availability of such facilities as are customary. 8. Indemnities and exemptions 8.1. Wageningen UR Livestock Research accepts no liability for infringements of third party rights caused by software in combination with goods not supplied or products not made available by it. Nor does it accept liability for the use of its software in any other way than for which it was developed or intended, or for alterations and/or additions to the software made by the licensee or third parties The licensee indemnifies Wageningen UR Livestock Research against all consequences of deliberate acts or omissions occurring under the responsibility of Wageningen UR Livestock Research that lead to the infringement of third party rights (or contribute to it) and/or which cause damage to third parties or contribute to it, insofar as such infringement or damage is due to circumstances which can be imputed to the licensee, or are within its control; except insofar as the evidence for responsibility of Wageningen UR Livestock Research significantly outweighs the evidence for responsibility of the licensee All consequences of the use, under the responsibility of the licensee, of the software offered by Wageningen UR Livestock Research shall be borne by the licensee Shadow run, an adequate backup system and sound system management fall under the responsibility of the licensee and shall underlie the operation and actual use of the software. 9. Support 9.1. Wageningen UR Livestock Research offers various forms of support (basic support, user support and development support). The licensee s right to support only obtains if and to the extent that the relevant agreements have been made Wageningen UR Livestock Research shall endeavour to supply this support to the best of its knowledge and ability. Wageningen UR Livestock Research accepts no liability for any damage or defects resulting from this support In the case of a support agreement or of a support included payment for use, improved versions of the software will be made available upon release to the licensee by Wageningen UR Livestock Research Unless otherwise agreed, the duration of a support agreement is 12 months. Except for the termination or cancellation of the license agreement, this

4 support agreement will be extended automatically by periods of one year on expiry of the specified period. Notice of termination must be given in writing. A notice period of at least 3 months must be observed. 10. Imperfections in the software Imperfections in the software will be remedied by Wageningen UR Livestock Research to the best of its abilities, with due observance of the provisions set out in this article Upon notification of imperfections in the software made to Wageningen UR Livestock Research by the licensee, Wageningen UR Livestock Research shall carry out an investigation Imperfections within the meaning of this article are defined as faults and defects or any other failure to function in accordance with the specifications supplied by Wageningen UR Livestock Research. Subject to the provisions in article 10.5., an imperfection will be investigated on condition that: - notification is made by the licensee using the latest procedures as communicated to it by Wageningen UR Livestock Research for that purpose; - it is reproducible; - it occurs in a version of the software which is currently supported by Wageningen UR Livestock Research, and the licensee has installed all the modifications and additions to that version offered by the supplier; - the complaints are filed with due observance of the provisions set out in article 11; - the licensee will supply all information as deemed necessary by Wageningen UR Livestock Research about the circumstances under which the imperfection occurred Wageningen UR Livestock Research does not guarantee that the software will work without interruption or defects or that all defects will be remedied On the expiry of three months after offering an improved version, Wageningen UR Livestock Research is no longer obliged to remedy imperfections in the old version. For the provision of a version with new features and functions Wageningen UR Livestock Research may charge a fee. 11. Complaints The licensee shall submit all complaints in writing and accompanied by documentation within 30 days of delivery of the software, at the risk of forfeiture of the claim. Documentation is defined as: a description of the complaint, the circumstances under which this complaint occurred. If the complaint involves an error message, a log file of this error message shall always be attached to the complaint Wageningen UR Livestock Research does not guarantee that the software will work without interruption or that defects can or will be remedied. 12. Extra work In the case of extra work, the licensee will be notified in writing at the earliest possible stage, but always prior to its execution. The licensee shall be deemed to have agreed to the execution of the extra work and the costs involved if Wageningen UR Livestock Research has notified the licensee in good time of its intention to carry out extra work, and the licensee has allowed the extra

5 work to be carried out without expressing its disapproval. Extra work shall never result in the dissolvement of the agreement. Extra work may influence the date of completion of the work Extra work in this context includes but is not confined to assistance, not included in the agreement, with setting up the instruction file and making estimates for the parameter file. 13. Liability of Wageningen UR Livestock Research; exemption The total liability of Wageningen UR Livestock Research due to an attributable failure to perform this agreement will be limited to compensation of the direct damage or loss not exceeding the sum stipulated for this agreement (excluding VAT). Direct loss is understood to mean exclusively: a. reasonable costs that the client would have to incur to have the performance of Wageningen UR Livestock Research meet the agreement; however, this replacement loss will not be reimbursed if the agreement is dissolved by or on demand of the licensee; b. reasonable costs incurred to determine the cause and extent of the loss insofar as this relates to direct loss as defined in these general terms and conditions. c. reasonable costs incurred to prevent or limit loss, insofar as the licensee can demonstrate that these costs resulted in the limitation of direct loss as defined in these general terms and conditions Liability on the part of Wageningen UR Livestock Research, on any ground whatsoever, is excluded for consequential loss, resulting loss, loss of profits, lost savings, loss of goodwill, loss due to business interruption, loss due to claims by licensees of the licensee, corruption or loss of (output) data, loss relating to the use of third party items, materials and software prescribed by the licensee to Wageningen UR Livestock Research, loss relating to the engagement of suppliers prescribed by the licensee to Wageningen UR Livestock Research and all other forms of loss not mentioned in article Wageningen UR Livestock Research disclaims liability for any use of the software that does not correspond to its full and proper use. This includes (but is not confined to) the licensee using only separate components of the software and making alterations to the software The limitations mentioned in articles and will lapse if and to the extent that the loss is the result of wilful misconduct or gross negligence on the part of executive officials of Wageningen UR Livestock Research Liability of Wageningen UR Livestock Research due to an attributable failure to perform an agreement in all cases arises only when Wageningen UR Livestock Research is served with a proper written notice of default by the client, with a reasonable term in which the failure can be remedied, and if at the expiry of that term Wageningen UR Livestock Research persists in its attributable failure to perform its obligations. The notice of default shall include as complete and detailed a description as possible of the failure, enabling Wageningen UR Livestock Research to respond adequately A claim for compensation cannot be considered unless written notice of the loss is given by the client to Wageningen UR Livestock Research within three months of its occurrence. All claims for compensation against Wageningen UR Livestock Research will be barred by the mere expiry of a period of 12 months after the occurrence of the claim.

6 13.7. The licensee will indemnify Wageningen UR Livestock Research against all possible third-party claims for product liability due to a defect in a product or system supplied by the licensee to a third party, and consisting partly of equipment, software or other materials supplied by Wageningen UR Livestock Research, insofar as the loss is not covered by the business liability insurance of Wageningen UR Livestock Research and exceeds the sum calculated in accordance with article The provisions of this article also apply in favour of all (legal) persons engaged by Wageningen UR Livestock Research to perform the agreement. 14. Time and place All work by Wageningen UR Livestock Research shall be carried out within its normal working hours All work by Wageningen UR Livestock Research shall be carried out on its own premises, unless the nature of the work, at the discretion of Wageningen UR Livestock Research, requires that it be carried out at the licensee's premises or elsewhere. 15. Payment Agreed payments or current rates for the provision of software and services as referred to in these general terms and conditions pertain to the work required for the normal fulfilment of the performance. In addition the following may be charged separately: - information carriers supplied to the licensee relating to the work to be carried out; - training programs provided for the benefit of the licensee; - waiting periods, if, due to causes attributable to the licensee, personnel assigned by Wageningen UR Livestock Research to the licensee cannot commence the work at the agreed time, or carry out the work without interruption; - the provision of services relating to problems that cannot be attributed to an error in the software All payments cited shall be exclusive of VAT and other government levies. 16. Applicable law and choice of forum The law of the Netherlands is applicable to all agreements to which these terms and conditions wholly or partially apply The Vienna Convention On Contracts For The International Sale Of Goods (C.I.S.G.) is not applicable, nor is any other international regulation the exclusion of which is permissible Only the civil court that has jurisdiction in the registered seat of Wageningen UR Livestock Research may take cognizance of disputes arising from an agreement to which these terms and conditions apply, unless this would be contrary to peremptory law. Wageningen UR Livestock Research may deviate from this rule of jurisdiction and apply the statutory rules governing jurisdiction.