AUGMENTA END USER LICENSE AGREEMENT =================================== Version 1.5 Effective date: 18 August 2026 1. ACCEPTANCE AND SCOPE ----------------------- 1.1 Agreement. This End User License Agreement ("EULA") is a legal agreement between You and: Augmenta SAS 36 rue Emile Decorps Villeurbanne, France ("Augmenta", "We", "Us" or "Our"). "You" or "Your" means the person or legal entity acquiring, installing, activating, accessing or using the Software. 1.2 Acceptance. By accepting this EULA in an installer or other interface, by accepting an order or other commercial document that expressly incorporates this EULA, or by installing, activating, accessing or using the Software where such acceptance is legally effective, You acknowledge that You have read, understood and agree to be bound by this EULA. If You accept this EULA on behalf of an organization, You represent that You have authority to bind that organization. If You do not agree to this EULA, do not install, activate, access or use the Software and, where applicable, contact the seller regarding any remedies available under the applicable commercial terms or mandatory law. For Augmenta equipment supplied with the Software already installed, the EULA may be incorporated into the applicable quotation, order, invoice or other commercial documentation and is also supplied with the Software. 1.3 Professional use. This version of the EULA is intended for business and professional users. Augmenta Software is not offered to consumers under this version of the EULA. If Augmenta offers Software to consumers under separate consumer terms, those terms and applicable mandatory consumer law will apply to that consumer use. 1.4 Scope. This EULA governs the Software except to the extent that: (a) a separate written agreement signed by Augmenta expressly governs a particular matter; or (b) Third-Party Software is governed by separate license terms as provided in Section 6. 2. DEFINITIONS -------------- 2.1 "Authorized Device" means a computer, workstation, Augmenta server or other device on which use of the Software is permitted by the applicable Entitlement, order, license certificate or Documentation. 2.2 "Documentation" means the user, technical and licensing documentation supplied by Augmenta for the Software, as updated from time to time. 2.3 "Entitlement" means the right to use the Software under Free Mode or under a generated License, including any applicable device, feature, quantity, duration, non-commercial, add-on or other limitations. 2.4 "License" means a generated software license or activation entitlement issued or recognized by Augmenta. Free Mode does not require a generated License. 2.5 "Software" means the software distributed by Augmenta under the Augmenta name, including Augmenta-provided components, plugins, updates, upgrades and Documentation supplied with or for it, excluding Third-Party Software to the extent independently licensed under separate terms. 2.6 "Third-Party Software" means software, libraries, runtimes, drivers, SDKs, frameworks, open-source components and other materials owned or licensed by third parties and included in, linked with, distributed with or used by the Software. 2.7 "Augmenta Server" means equipment supplied by or for Augmenta with the server version of the Software installed and a Server License associated with that equipment. 2.8 "Authorized Reseller" means a reseller, distributor or other business partner authorized by Augmenta to distribute specified Augmenta Software, Licenses or equipment. 3. LICENSE GRANT AND ENTITLEMENT MODELS --------------------------------------- 3.1 General grant. Subject to compliance with this EULA and the applicable Entitlement, Augmenta grants You a limited, non-exclusive right to install, access and use the Software for the purposes and within the technical, quantity and organizational limits applicable to Your Entitlement. The Software is licensed, not sold, except that ownership of physical equipment is determined by the applicable sale agreement. Except for rights expressly granted under this EULA, applicable commercial terms, applicable Third-Party Software licenses or mandatory law, all rights are reserved. 3.2 Free Mode. Certain functionality may be made available without payment and without a generated License ("Free Mode"). Free Mode remains fully subject to this EULA. The absence of a generated License does not make the Software public domain or remove the restrictions applicable to Augmenta proprietary Software. Free Mode is not a Non-Commercial License unless Augmenta expressly identifies it as such. 3.3 Free Non-Commercial Licenses. Augmenta may issue Licenses free of charge that are expressly identified as non-commercial, educational, evaluation, demonstration or similar ("Non-Commercial Licenses"). Such Licenses may be used only for the purposes identified in the applicable License, Documentation or commercial communication and not for commercial deployment unless Augmenta expressly authorizes such use. A License is not non-commercial merely because Augmenta provided it without charge. 3.4 Computer Licenses. A License intended for installation on a user's computer may be associated with one Authorized Device at a time, or with such other number of devices as stated in the applicable Entitlement. Where the applicable License permits reassignment, You may deactivate the License on one Authorized Device and reactivate it on another Authorized Device under Your control, subject to the activation system and applicable quantity limits. Such reassignment is not a legal assignment or resale of the License. 3.5 Professional Base Licenses. Certain professional functionality requires a base professional License. A professional base License may enable the use or activation of additional Sensor Add-On Licenses or other separately licensed features. 3.6 Server Licenses. A Server License is associated with the specific Augmenta Server equipment for which it was supplied. It may not be detached from that equipment and used as a standalone computer License unless Augmenta expressly permits this. If the complete Augmenta Server is lawfully sold or otherwise transferred, the Server License may follow that equipment to the new owner, subject to this EULA, the applicable commercial terms and mandatory law. The transferor must cease using the Server License separately and may not retain or duplicate it for use on other equipment. 3.7 Sensor Add-On Licenses. A Sensor Add-On License is an additional Entitlement that requires a compatible professional base License or Server License. Subject to the applicable quantity limits and activation system, Sensor Add-On Licenses may be activated, deactivated and reassigned between compatible professional Software installations and Augmenta Servers. A Sensor Add-On License must not be simultaneously used on more installations than the number of entitlements acquired. Moving a Sensor Add-On License between compatible installations is an Entitlement reassignment and does not by itself constitute a legal transfer, assignment or resale of the License. 3.8 Perpetual Licenses. If an applicable License is identified as perpetual, the right to use the version of the Software covered by that License continues indefinitely unless terminated in accordance with this EULA. A perpetual License does not by itself include perpetual access to future major versions, maintenance, support, hosted services or new paid functionality unless expressly stated. 3.9 Subscription Licenses. If an applicable License is subscription-based, the right to use the licensed functionality continues only for the applicable subscription term. Renewal, cancellation and payment terms are governed by the applicable order or commercial terms and mandatory law. 4. REASSIGNMENT, TRANSFER, RESALE AND OEM USE --------------------------------------------- 4.1 Technical reassignment. Permitted activation or deactivation of a License between compatible devices under Section 3 is a technical reassignment and does not constitute a transfer of ownership of the License or of this EULA. 4.2 Transfers by customers. Except for transfers expressly permitted by this EULA, the applicable commercial terms, Augmenta's written authorization or mandatory law, You may not sell, assign, sublicense or otherwise transfer a License separately from the rights with which it was supplied. Nothing in this EULA restricts any transfer or exhaustion right that cannot lawfully be excluded, including rights that may arise under applicable European Union or national software law. 4.3 Authorized resellers. Authorized Resellers may distribute Augmenta Software, Licenses and equipment to end customers within the scope of their agreement with Augmenta. Unless expressly authorized, a reseller may not modify the Software, alter the applicable Entitlement, remove this EULA, or grant rights broader than those authorized by Augmenta. End users remain subject to this EULA unless Augmenta expressly agrees to different end-user terms. 4.4 Equipment resale. Where Augmenta equipment is lawfully resold, Licenses expressly tied to that equipment may transfer with the equipment as provided in Section 3.6 and applicable mandatory law. 4.5 OEM arrangements. Embedding, bundling, preinstalling, redistributing or sublicensing Augmenta Software as part of another manufacturer's product or equipment requires a separate written OEM or integration agreement with Augmenta. Unless such agreement expressly states otherwise, end users of the embedded Augmenta Software remain subject to this EULA. 5. AUTHORIZED USE AND RESTRICTIONS ---------------------------------- 5.1 Authorized use. You may install, execute and use the Software only within the scope of the applicable Entitlement and only for lawful purposes. You are responsible for ensuring that persons using the Software under Your control comply with this EULA. 5.2 Backup copies. You may make backup or archival copies to the extent reasonably necessary to exercise Your licensed rights and as permitted by applicable law, provided that copyright and proprietary notices are preserved. 5.3 License controls. You may not bypass, disable, defeat, tamper with or circumvent license activation, entitlement, technical-protection or usage-control mechanisms, except to the extent expressly permitted by applicable law or applicable Third-Party Software license terms. 5.4 Restrictions. Except to the extent expressly permitted by applicable law, this EULA, applicable commercial terms or the license terms applicable to Third-Party Software, You may not: (a) modify, adapt, translate or create derivative works of Augmenta proprietary Software; (b) disassemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying structure or algorithms; (c) reproduce, distribute, republish, rent, lease, lend, sublicense, sell, assign or transfer the Software or a License; (d) provide the Software as a bureau, hosted or time-sharing service for third parties unless expressly licensed for that purpose; (e) remove, obscure or alter copyright, trademark or other proprietary-rights notices; or (f) use a Non-Commercial License for commercial deployment contrary to the applicable Entitlement. 5.5 Mandatory software rights. Nothing in this EULA restricts rights that applicable law requires to remain available, including applicable rights concerning necessary backup copies, observation, study or testing of software, interoperability, decompilation or exhaustion of distribution rights. 5.6 Plugins. Unless expressly permitted by Augmenta or applicable law, Augmenta-provided proprietary plugins may not be altered, reverse engineered or redistributed independently of the Software. Nothing in this Section restricts rights independently granted under an applicable Third-Party Software license. 6. THIRD-PARTY AND OPEN-SOURCE SOFTWARE --------------------------------------- 6.1 Separate licenses. The Software includes Third-Party Software, including open-source components, identified in THIRD_PARTY.txt and/or other notices supplied with the Software. Such components are licensed under their respective license terms. To the extent this EULA conflicts with the applicable terms of Third-Party Software, those third-party terms govern solely with respect to that component. Nothing in this EULA limits rights independently granted under those terms. 6.2 Notices and license texts. Third-party copyright notices and applicable license texts are available in the THIRD_PARTY.txt file and the accompanying "Licenses" directory distributed with the Software, or in other notices supplied with the applicable distribution. 6.3 Required source code and materials. To the extent an applicable Third-Party Software license requires Augmenta to provide, offer or make available source code, notices, relinking materials or other information, Augmenta will provide or make those materials available in the manner described in the applicable third-party notices or accompanying distribution materials. 6.4 Third-party warranties. Unless Augmenta expressly agrees otherwise in writing, Third-Party Software is provided subject to the warranty and liability terms in its applicable license, and Augmenta does not provide additional warranties on behalf of third-party licensors. Nothing in this Section limits rights that cannot lawfully be excluded. 7. BETA, PRE-RELEASE AND EVALUATION SOFTWARE -------------------------------------------- 7.1 Beta and pre-release Software. Software identified as beta, preview, pre-release, experimental or similar may contain errors, defects, incomplete functionality, compatibility issues or stability problems. Beta or pre-release Software is not intended or recommended for production, mission-critical or other use where interruption or malfunction could cause material loss. You may nevertheless choose to use beta or pre-release Software in a production environment at Your own risk. To the maximum extent permitted by applicable law, Augmenta does not warrant that beta or pre-release Software is stable, complete, production-ready or compatible with future releases and is not liable for losses to the extent specifically caused by disclosed or reasonably foreseeable characteristics of its beta or pre-release status. 7.2 Evaluation Software. Software or Licenses expressly identified as evaluation, demonstration, not-for-resale or time-limited evaluation Software may be used only for the purposes and period specified by Augmenta. Evaluation restrictions are separate from beta status. Beta Software is not automatically an evaluation License, and an evaluation License is not automatically beta Software. 8. UPDATES, MAINTENANCE AND SUSPENSION -------------------------------------- 8.1 Updates. The Software may check for, download and/or install updates, patches, maintenance releases or other software changes as configured or permitted by the Software and applicable settings. Updates may add, modify, replace or remove functionality where reasonably necessary for security, legal or regulatory requirements, technical maintenance, third-party dependency changes, compatibility, product evolution, or replacement by substantially equivalent functionality, subject to applicable commercial terms and mandatory law. 8.2 Terms for updates. Unless an update, upgrade or replacement version is accompanied by separate terms, this EULA applies to that update, upgrade or replacement version. 8.3 Maintenance and support. Access to maintenance, updates, upgrades or technical support is provided only to the extent included in the applicable Entitlement, maintenance plan, subscription, order or other commercial terms. 8.4 Suspension. Augmenta may suspend access to licensed functionality where reasonably necessary because of subscription expiry, non-payment, invalid or revoked entitlements, suspected fraud or license abuse, a material security risk, sanctions or legal requirements, or a material breach of this EULA. Where appropriate and legally required, Augmenta will provide reasonable notice and an opportunity to cure before suspension. Suspension does not affect rights that cannot lawfully be suspended. 9. LICENSE ACTIVATION, CONNECTIVITY, PRIVACY AND CUSTOMER DATA ------------------------------------------------------------- 9.1 Activation and validation. The Software may communicate with Augmenta and/or Augmenta's licensing and update service providers for activation, validation, entitlement management, update checks and related software-delivery purposes. Such communications may process technical, account, device and license information necessary to perform those functions. 9.2 Connectivity. Some licensing, update, support or connected features may require network or Internet access. You are responsible for network availability, security and related costs on systems under Your control. 9.3 Privacy. The primary privacy notice for personal data processed in connection with the Software is the PRIVACY_POLICY.txt file supplied with the Software. That Software Privacy Policy explains the processing associated with licensing, updates, crash reporting, technical support and related Software functions. Separate website, cookie, online-store, marketing or other privacy notices may apply to those separate services. 9.4 Customer Data and local processing. As between You and Augmenta, You retain Your rights in project files, recordings, configurations, sensor data, point clouds, tracking data and other content that You input into or generate using the Software ("Customer Data"). Normal operational processing of Customer Data occurs locally on the computer, Augmenta Server or other equipment on which the Software runs and does not, by itself, transmit Customer Data to Augmenta. Augmenta may receive or access Customer Data only where You deliberately provide it, choose to include it in an approved diagnostic or crash report, or expressly authorize Augmenta personnel to access Your equipment or Software for support, troubleshooting or another agreed purpose. Any such processing is governed by the applicable Privacy Policy and, where relevant, the applicable support or commercial terms. 10. OWNERSHIP AND INTELLECTUAL PROPERTY --------------------------------------- 10.1 Augmenta rights. As between Augmenta and You, Augmenta and its licensors retain all right, title and interest in and to Augmenta proprietary Software, Documentation, trademarks and other proprietary materials, including all intellectual-property rights, subject only to the rights expressly granted under this EULA. 10.2 Third-party rights. Third-Party Software remains owned by its respective copyright holders and licensors. Nothing in this EULA transfers ownership of Third-Party Software to Augmenta or to You or alters rights independently granted by a third-party licensor. 10.3 Proprietary notices. You must preserve copyright, trademark, attribution and other notices included in or with the Software except to the extent an applicable license or mandatory law permits their modification or removal. 11. USER RESPONSIBILITIES AND SAFETY ------------------------------------ 11.1 Environment and backups. You are responsible for selecting, configuring, securing, operating and maintaining Your hardware, operating systems, networks, sensors, integrations and data, and for maintaining appropriate backups and recovery procedures. 11.2 Lawful use. You must use the Software in compliance with applicable laws and regulations, including intellectual-property, privacy, data-protection, export-control and sanctions laws. 11.3 Credentials and Licenses. You are responsible for safeguarding license credentials, activation information and account access under Your control and for promptly notifying Augmenta of suspected unauthorized use. 11.4 Not a safety or life-safety system. The Software is not designed, certified or intended to serve as a life-safety, emergency, medical, protective or safety-certified control system. The Software must not be relied upon as the sole or primary mechanism for protecting persons or property, including for emergency shutdown, crowd safety, access control, industrial machinery safety, autonomous or hazardous equipment, medical functions or similar safety-critical purposes. Where the Software is used in an environment involving such risks, You are responsible for implementing independent and appropriately certified safety systems, procedures and safeguards. 12. WARRANTIES AND DISCLAIMERS ------------------------------ 12.1 Express warranties. Any express warranty applicable to the Software or Augmenta equipment is limited to the warranty expressly stated in an applicable order, warranty document or separate written commercial agreement. 12.2 Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR EXPRESS WARRANTIES THAT APPLY UNDER AN APPLICABLE WRITTEN COMMERCIAL AGREEMENT OR MANDATORY LAW, THE SOFTWARE, DOCUMENTATION, UPDATES, FREE MODE, BETA OR PRE-RELEASE SOFTWARE AND SUPPORT ARE PROVIDED "AS IS" AND "AS AVAILABLE". AUGMENTA DISCLAIMS IMPLIED WARRANTIES AND CONDITIONS, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, ACCURACY, RELIABILITY AND UNINTERRUPTED OR ERROR-FREE OPERATION, TO THE EXTENT SUCH WARRANTIES OR CONDITIONS MAY LAWFULLY BE DISCLAIMED. 12.3 Mandatory warranties. Nothing in this EULA excludes, restricts or modifies any warranty, guarantee, statutory right or remedy that cannot lawfully be excluded, restricted or modified. 13. LIMITATION OF LIABILITY --------------------------- 13.1 Excluded damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AUGMENTA AND ITS LICENSORS, SUPPLIERS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OPPORTUNITY OR DATA, ARISING OUT OF OR RELATING TO THE SOFTWARE OR THIS EULA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 13.2 Aggregate liability cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AUGMENTA'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SOFTWARE, THE APPLICABLE LICENSE AND THIS EULA WILL NOT EXCEED: (a) for paid subscription or other recurring Licenses, the fees paid or payable by You for the affected Software, whether to Augmenta or an Authorized Reseller, during the twelve (12) months immediately preceding the event giving rise to the claim; (b) for a paid perpetual License for which no fees were paid during that twelve-month period, the amount originally paid by You for the affected License, whether to Augmenta or an Authorized Reseller; or (c) for Free Mode, a License supplied at no charge, or other use for which no fee was paid by You for the applicable Software or License, EUR 100. If an applicable separately signed commercial agreement establishes a different liability cap or negotiated allocation of risk, that provision controls to the extent of the conflict. 13.3 Non-excludable liability and essential obligations. Nothing in this EULA excludes or limits liability to the extent such liability cannot lawfully be excluded or limited. No exclusion or limitation in this EULA applies in a manner that would deprive an essential contractual obligation of its substance where applicable law prohibits such a result. 14. SUPPORT, THIRD-PARTY SERVICES AND AVAILABILITY -------------------------------------------------- 14.1 Support. Support services, service levels and response commitments, if any, are governed by the applicable support plan, subscription, order or separate agreement. This EULA does not by itself create a service-level commitment. 14.2 Third-party services. The Software may interoperate with hardware, drivers, cloud services, SDKs, networks or other products supplied by third parties. Augmenta does not control third-party products or services and is not responsible for changes, discontinuation, compatibility, content or availability of third-party offerings, except to the extent Augmenta expressly undertakes responsibility in writing or applicable law provides otherwise. 15. TERM AND TERMINATION ------------------------ 15.1 Term. This EULA begins when You first accept, install, activate, access or use the Software and continues while You use the Software or hold an applicable Entitlement, unless terminated in accordance with this EULA. 15.2 Termination for breach. Augmenta may terminate the rights granted under this EULA if You materially breach this EULA and fail to cure the breach within any cure period required by applicable law or an applicable written commercial agreement. 15.3 Effect of termination. Upon expiration or termination of an affected Entitlement, You must cease use of the affected Augmenta proprietary functionality and, where legally and technically applicable, uninstall or destroy copies under Your control, except for archival copies that applicable law or an applicable agreement permits You to retain. Sections that by their nature should survive termination, including ownership, third-party rights, disclaimers, limitations of liability, governing law and general provisions, survive. 15.4 Third-party rights. Termination or expiration of this EULA or an Augmenta Entitlement does not terminate or restrict rights independently granted under applicable Third-Party Software license terms. 15.5 Free Mode. Where Free Mode remains offered by Augmenta, termination or expiry of a paid License does not by itself prevent use of functionality independently available under Free Mode, subject to this EULA and the functionality made available by Augmenta. 16. EXPORT CONTROLS AND SANCTIONS --------------------------------- 16.1 Compliance. You must comply with applicable economic sanctions, export controls, import regulations, trade restrictions and other laws governing access to, use of, transfer of or export or re-export of the Software and related technical information. 16.2 Restricted use. You may not export, re-export, transfer, make available or use the Software in violation of applicable trade-control laws, including to prohibited jurisdictions, entities or persons or for prohibited end uses. 17. GOVERNING LAW AND JURISDICTION ---------------------------------- 17.1 Governing law. This EULA is governed by the laws of France, without regard to conflict-of-laws principles and without prejudice to mandatory protections that applicable law requires to remain available. 17.2 Jurisdiction. SUBJECT TO MANDATORY APPLICABLE LAW AND ANY DIFFERENT FORUM VALIDLY AGREED IN A SEPARATE WRITTEN COMMERCIAL AGREEMENT, WHERE BOTH PARTIES HAVE CONTRACTED AS COMMERCIAL TRADERS ("COMMERCANTS") AND SUCH A JURISDICTION CLAUSE IS VALID UNDER FRENCH LAW, THE COMMERCIAL COURT OF LYON SHALL HAVE EXCLUSIVE JURISDICTION OVER DISPUTES ARISING OUT OF OR RELATING TO THIS EULA. IN ALL OTHER CASES, DISPUTES SHALL BE BROUGHT BEFORE THE COMPETENT COURT DETERMINED UNDER APPLICABLE LAW. Nothing in this Section deprives a party of a forum or protection that mandatory law requires to remain available. 18. GENERAL PROVISIONS ---------------------- 18.1 Mandatory rights. Nothing in this EULA excludes or limits mandatory rights that cannot lawfully be excluded or limited. Any restriction, disclaimer, exclusion or limitation applies only to the maximum extent permitted by applicable law. 18.2 Severability. If any provision of this EULA is held invalid, unlawful or unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will remain in effect. 18.3 No waiver. Failure or delay in exercising a right under this EULA does not waive that right or any other right. 18.4 Entire agreement and order of precedence. This EULA, together with the applicable Entitlement and incorporated commercial terms, constitutes the agreement governing use of the Software except where a separate written agreement expressly applies. In the event of conflict: (a) a separately signed commercial, OEM or other agreement controls with respect to the matters it expressly governs; (b) applicable Third-Party Software license terms control solely with respect to the relevant Third-Party Software; (c) an applicable order, quotation or commercial document controls with respect to prices, quantities, subscription periods, support levels and other transaction-specific commercial terms, but does not override this EULA on Software-use restrictions unless it expressly states that it overrides a specified provision of this EULA; and (d) this EULA otherwise controls. 18.5 Assignment by Augmenta. Augmenta may assign this EULA as part of a merger, reorganization, sale of business or transfer of the relevant product or assets, subject to applicable law. Your assignment or transfer rights are governed by Section 4. 18.6 Updates to terms. Augmenta may provide revised terms with a future version, major update, subscription renewal or service. Revised terms apply only as permitted by applicable law and the applicable commercial relationship. Continued use of a version already licensed remains governed by the terms applicable to that version unless the parties validly agree otherwise or mandatory law provides otherwise. 18.7 Contact and notices. Questions concerning this EULA may be sent to: Augmenta SAS 36 rue Emile Decorps Villeurbanne, France Email: legal@augmenta.tech Formal notices required by a separate commercial agreement must be delivered in the manner stated in that agreement.