This EULA applies to Harvest software, applications, extensions, portals, integrations, workflows, documentation, hosted offerings, and related technology made available by Harvest Food Solutions LLC (collectively, the "Products"). This EULA is intended to address product license and use terms only. Commercial terms, fees, services, support commitments, confidentiality, privacy, indemnities, limitations of liability, termination rights, and other general legal terms are governed by the applicable Master Services Agreement, Quote, Order Form, Statement of Work, Appendix, support plan, or other signed ordering document between Harvest and Customer (collectively, the "MSA Documents").

Subject to Customer's compliance with this EULA and the MSA Documents, Harvest grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable right during the applicable term to access and use the Products solely for Customer's internal business purposes and only within the licensed scope stated in the applicable MSA Documents. The Products are licensed, not sold. No rights are granted except as expressly stated by Harvest in writing.

Harvest and its licensors retain all right, title, and interest in and to the Products, including all software, source and object code, designs, workflows, interfaces, documentation, updates, improvements, and related intellectual property rights. Customer acquires no ownership rights in the Products. Any feedback, suggestions, or enhancement requests may be used by Harvest without restriction, and Customer assigns to Harvest any rights needed for Harvest to use and exploit that feedback.

Certain Products may include, rely on, connect to, or be delivered with third-party software, platforms, cloud services, hardware, content, or tools, including Microsoft offerings and other integrated solutions ("Third-Party Solutions"). Customer's use of any Third-Party Solutions is subject to the applicable third-party terms. Harvest does not own and does not grant rights in Third-Party Solutions except to the extent Harvest is expressly authorized to do so. Harvest is not responsible for third-party outages, discontinuations, changes, compatibility issues, or acts or omissions of third-party providers, except as expressly stated in the MSA Documents.

Customer will not, and will not permit any third party to: (a) copy, modify, adapt, translate, or create derivative works of any Product except as expressly authorized by Harvest; (b) sell, resell, lease, sublicense, distribute, assign, or otherwise make any Product available to a third party except as expressly permitted in writing; (c) reverse engineer, decompile, disassemble, decode, or otherwise attempt to derive source code, trade secrets, algorithms, or non-public structure, sequence, or organization of any Product, except to the limited extent mandatory law expressly prohibits such restriction; (d) remove or alter proprietary notices; (e) circumvent usage limits, security controls, access restrictions, or license keys; (f) use the Products for unauthorized hosting, outsourcing, service bureau, competitive, or published benchmarking purposes; or (g) use any Product beyond the licensed scope, including by exceeding authorized users, tenants, databases, locations, transactions, or other usage metrics.

Customer is responsible for all use of the Products by its Users and for maintaining the confidentiality of account credentials and access methods. Customer is also responsible for obtaining all necessary rights, permissions, notices, and consents for Customer data, content, and materials provided to Harvest or processed through the Products. As between the parties, Customer retains ownership of its data, and Customer grants Harvest the limited rights necessary to host, process, transmit, display, and use such data to provide, secure, maintain, support, and operate the Products, in each case subject to the MSA Documents and Harvest's Privacy Policy, if applicable.

Unless expressly stated in the applicable MSA Documents, Harvest has no obligation to provide any particular support, maintenance, update, upgrade, enhancement, or future functionality. Harvest may modify, enhance, replace, suspend, or discontinue Product features from time to time, including to address security, legal, operational, or vendor-driven requirements.

If there is any conflict between this EULA and the MSA Documents, the MSA Documents control. Without limiting the foregoing, the order of precedence is: (1) the applicable Quote, Order Form, or Statement of Work; (2) the signed Master Services Agreement; (3) any applicable Appendix, product-specific terms, or support plan; and (4) this EULA. This EULA supplements the MSA Documents solely with respect to product license and use terms.