END USER LICENSE AGREEMENT: Condmaster Cloud This End User License Agreement ("Agreement") is entered into by and between SPM Instrument AB, a Limited Corporation with its principal place of business at Finningevägen 71, 645 42, Strängnäs, Sweden ("Licensor", "We", "Us", or "Our"), and the end user ("You", "Customer", or "End User") who accesses and uses the Condmaster Cloud software service ("Software") hosted on Microsoft Azure. This Agreement governs Your use of the Service. 1. Definitions • "Software" refers to the Condmaster Cloud SaaS platform, application, and any associated tools or services provided by SPM Instrument AB, including updates and upgrades, that are hosted on Microsoft Azure. • "Service" refers to the Software and any related services, features, or tools that are provided to You by SPM Instrument AB • "Subscription" refers to the user’s access to the Service. • “Authorized Users” are the named employees You have authorized to use the Software, Services and the Documentation. • "Microsoft Azure" refers to Microsoft's cloud computing platform, which hosts the Software and provides certain infrastructure and services as outlined in Microsoft's Service Level Agreement (SLA). • "Microsoft Azure SLA" refers to the service level agreement between SPM Instrument AB and Microsoft for the availability of the underlying infrastructure supporting the Software. • “Data” refers to any information on your company, usernames or similar that is not related to your collection of measurement data. • “Measurements” refers to collected data from your machines, including but not limited to vibration, RPM, temperature and any other data collected or integrated into Condmaster for condition monitoring or process optimisation purposes. 2. License Grant Subject to the terms and conditions of this Agreement, SPM Instrument AB grants You a non-exclusive, non-transferable, limited, and revocable license for your Authorized Users to access and use the Software and Service, solely for the purposes as defined herein. This license is granted for Your internal business use only and not for resale, sublicense, or distribution. 3. License Restrictions You agree that You will not: • Decompile, reverse engineer, disassemble, attempt to derive the source code of, or otherwise exploit the Software in any manner. • Use the Service in any manner that violates applicable laws, regulations, or rights of third parties. • Rent, lease, sublicense, distribute, or transfer the Software or Service to any third party. • Copy, modify, or create derivative works of the Software or Service, except as explicitly authorized by SPM Instrument AB. 4. Acceptable Use Policy You agree to use the Service only in accordance with this Agreement and this Acceptable Use Policy (“AUP”). We reserve the right to suspend or terminate any Account or Service usage that violates this AUP or any other provision of this Agreement, and to cooperate with law enforcement in any investigation of such violations. • Prohibited Activities: You must not engage in any activity that violates the rights of others or that interferes with, disrupts, or exploits the Service or any infrastructure related to the Service, including but not limited to: o Excessive or Extreme Usage: Any activity that places an unreasonable or disproportionately large load on our infrastructure or that exceeds normal use patterns. o Security Violations: Gaining or attempting to gain unauthorized access to systems, networks, or data; distributing viruses, malware, or other harmful code; circumventing security measures. o Illegal or Harmful Content: Uploading, transmitting, or storing any content that is unlawful, defamatory, harassing, infringing, obscene, or otherwise objectionable under applicable laws and regulations. o Intellectual Property Infringement: Uploading or distributing content that violates third-party intellectual property rights. o Spam and Misrepresentation: Sending unsolicited bulk messages, running email lists or spam campaigns, or otherwise misrepresenting your identity or the origin of any data. o Any Other Unlawful Activity: Engaging in conduct that violates applicable local, state, national, or international law or regulation. • Data Ownership and Potentially Illegal Data o Your Responsibility: You remain solely responsible for all data and content uploaded, stored, or transmitted through your Account. You warrant that you possess all necessary rights to such data and that the data does not violate any laws or third-party rights. o Prohibited Content: If the data you store or transmit through the Service is determined—or reasonably suspected—to be illegal, infringing, or in violation of this AUP, we reserve the right to remove or disable access to the offending data. o Reporting and Cooperation: We may report any suspected illegal activity or content to law enforcement authorities and cooperate with them, including disclosing appropriate information related to your Account. • Consequences of Violations o Warning or Suspension: Violations of this AUP or other parts of this Agreement may result in immediate suspension of your access to the Service, with or without prior notice. o Account Termination: Repeated or severe violations may lead to permanent termination of your Account. o Additional Fees or Charges: If your usage exceeds normal consumption limits or otherwise imposes disproportionate costs on us (for instance, if we incur extra cloud computing charges due to your excessive usage), we may apply additional fees. o Legal Action: We reserve the right to pursue any remedies available under law or equity, including claims for damages, costs, and attorneys’ fees, in cases of willful or unlawful misuse. o Data Removal: We may delete any data in violation of this AUP or that we determine, in our sole discretion, poses a risk to our systems, other users, or third parties. • Review and Monitoring: While we are not obligated to monitor user content, we reserve the right to investigate and take appropriate action if any user content or behavior is suspected of breaching this AUP. Such action may include, but is not limited to, removing or disabling access to specific content, reporting to law enforcement, and terminating or suspending user access. 5. Your Responsibilities • Account Registration: You must provide accurate and up-to-date information when registering for an account or using the Service. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. • Compliance: You agree to comply with all local laws, export regulations, and other regulatory requirements concerning the use of the Software and the Service. In addition, you comply to agree with the terms outlined in this Agreement. • End User Conduct: You must ensure that all Authorized Users of the Service under Your account comply with the terms of this Agreement. You are responsible for any unauthorized conduct carried out by Your Authorized Users. 6. Condmaster Cloud Service Level Agreement (SLA) 7. Microsoft Azure Service Level Agreement (SLA) SPM Instrument AB utilizes Microsoft Azure to host the Service. Microsoft provides its own Service Level Agreement (SLA) which guarantees certain levels of uptime for the infrastructure supporting the Software. The following terms apply: • Uptime Guarantee: Microsoft Azure guarantees a 99.9% uptime for the infrastructure and network components of the Service, subject to the terms outlined in the Microsoft Azure SLA (available at Licensing Documents). You acknowledge and agree that SPM Instrument AB is not responsible for issues that arise from the underlying Azure infrastructure, and any claims for downtime or outages will be subject to Microsoft’s SLA terms. 8. Microsoft Azure License Terms As part of hosting the Service on Microsoft Azure, You are also bound by Microsoft’s Azure License Terms, which are applicable to the use of the infrastructure and platform services. These terms govern Your use of Azure-related services, including storage, compute power, and network infrastructure. • Azure License Terms: You agree to be bound by Microsoft’s Azure License Terms, which are available at Microsoft Product Terms. These terms include restrictions and limitations on the use of the Azure platform, as well as disclaimers of warranties and limitations of liability. You agree to indemnify and hold harmless SPM Instrument AB from any claims, damages, or losses arising from Your violation of the Azure License Terms. 9. Intellectual Property Rights • Ownership: SPM Instrument AB retains all rights, title, and interest in and to the Software, Service, and any related materials, including but not limited to copyrights, trademarks, patents, and trade secrets. The license granted under this Agreement does not transfer any ownership rights to You. • Feedback: If You provide feedback, suggestions, or ideas regarding the Software or Service ("Feedback"), You grant SPM Instrument AB a perpetual, irrevocable, royalty-free, worldwide license to use, modify, and incorporate such Feedback into the Software and Service. 10. Service, Availability and Maintenance • Availability: SPM Instrument AB will make commercially reasonable efforts to ensure that the Software and Service are available at all times. However, You acknowledge that the Service may be subject to temporary interruptions due to maintenance, system updates, or unforeseen technical issues. • Updates to Condmaster Cloud: o Right to Modify and Update: We reserve the right to make changes to the Software at any time, which may include new features, enhancements, bug fixes, patches, or removal of existing features. We may roll out such updates automatically, and You acknowledge that You may have no option to refuse or delay their implementation as long as You continue to use the Software. o Commercially Reasonable Notice  Major Changes: For significant updates that materially affect the functionality or availability of the Software, We will use commercially reasonable efforts to provide You with advance notice. Such notice may be given through email, an in-app notification, or an announcement on our website or support portal.  Minor Changes: Minor updates (including routine bug fixes, security patches, performance improvements) may be applied without prior notice. o Deprecation of Features: We may deprecate or remove certain features from time to time. In cases where a deprecated feature is essential to Your workflow, We will strive to provide a transition or “sunset” period, during which You can plan for alternative solutions. The exact duration of such a period is determined at Our sole discretion and may vary based on technical or business considerations. o Automatic Implementation of Updates: Updates, releases, or new versions of the Software will generally be applied to all Customer environments automatically, without the need for separate acceptance or installation steps by You. By continuing to use the Software after an update, You are deemed to accept and agree to such changes. o Limitations of Liability for Updates  No Guarantee Against Disruption: While We endeavour to implement updates in a way that minimizes service interruptions, You understand that some downtime or temporary incompatibilities may occur.  Exclusion of Liability: We are not liable for any direct or indirect loss resulting from changes or feature removals in the Software, provided We have followed the notice procedures set forth above where applicable. o Customer Obligations Regarding Updates  Monitoring Notices: You are responsible for monitoring any communications We provide regarding updates of the Software.  Feedback and Cooperation: If You experience issues after an update, You should promptly inform Us so We can investigate and, if appropriate, provide a fix or workaround.  System Requirements: You may need to ensure that Your internal systems, configurations, or integrations remain compatible with updated versions of the Software. Failure to maintain compatible environments may result in degraded or lost functionality for which We are not responsible. o Version Availability: We do not undertake to maintain prior or legacy versions of the Software once an update is released. Continued use of older versions or reliance on deprecated features is at Your sole risk, and We may discontinue support for such versions or features at any time. o Exceptions regarding Updates  Emergency Changes: In the event of critical security threats or system-wide issues, We may deploy emergency updates without advance notice to protect the integrity, security, and availability of the Software.  Force Majeure: Force majeure events (e.g., natural disasters, acts of government, network disruptions outside Our control) may also necessitate updates or configuration changes without prior notice. • Support: After the initial setup of the Software, service can be accessed via… • Scheduled Maintenance: SPM Instrument AB will will use commercially reasonable efforts to provide You with advance notice of scheduled maintenance that could affect access to the Software. Such notice may be given through email, an in-app notification, or an announcement on our website or support portal. • Emergency Maintenance: In case of emergency maintenance, SPM Instrument AB will make commercially reasonable efforts to notify You as soon as possible. Such notice may be given through email, an in-app notification, or an announcement on our website or support portal 11. Fees and Payment Terms • Subscription Term: By subscribing to the Software, You agree to an initial 12 months’ use of the Service. After the first 12 months, the subscription is renewed quarterly. • Subscription Fees: Access to the Software and Service is subject to the subscription fees outlined in the pricing schedule available at purchase. All payments are inclusive of set-up fees, hosting fees, and fees relating to the upkeep of the Software. Additional named users, additional databases or additional database storage come at an extra fee. • Payment Terms: Payments are made quarterly and in advance, in accordance with the terms specified in Your subscription invoice. You agree to pay all applicable taxes related to the use of the Service. • Price adjustments: SPM Instrument AB reserves the right to adjust the price of the Software with 60 days’ notice to You. If you do not accept the new prices, You have the right to terminate the Software Subscription before those 60 days upon written notice. • Late Payment: If You fail to pay any fees or charges when due, SPM Instrument AB reserves the right to immediately suspend or terminate Your access to the Software and Service until all amounts due are paid. 12. Data, Measurements, Privacy and Security • Data Collection: SPM Instrument AB collects and processes data as described in the Privacy Policy, available at Privacy Policy. You acknowledge that, by using the Service, You consent to the collection and processing of Your data as outlined therein. • Data Security: SPM Instrument AB will implement commercially reasonable security measures to protect the data stored on the Service, including but not limited to encryption, access controls, and routine security audits. • Data Ownership: You retain all rights, title, and interest in and to Your data. You grant SPM Instrument AB a limited license to access, use, and store Your data solely for the purpose of providing the Service. • Measurements: The rights to any Measurements collected, imported or stored in the Software are retained to You, and remains Your resbinsibility according to the AUP outlined above. You grant SPM Instrument AB a limited license to store Your data solely for the purpose of providing the Service, unless any other agreements are in place that allows SPM Instrument AB to access and use the data (e.g. a service contract). 12. Term and Termination • Term: This Agreement will remain in effect as long as You have an active subscription to the Service or until terminated by either party. • Termination for Convenience: Either party may terminate this Agreement with 90 days' notice in writing to the other party without any penalty after the 12 initial months have passed. If You wish to terminate the Agreement before the initial 12 months of Service, You will be liable for full payment for the remaining months of the initial 12 month period. • Termination for Breach: Either party may terminate this Agreement immediately upon written notice if the other party breaches any material term of this Agreement. • Effect of Termination: Upon termination of this Agreement, Your right to access and use the Software and Service will immediately cease. Intellectual Property Rights, fees and payments, effects of termination, indemnification, disclaimers, limitation of liability, disputes and miscellaneous clauses shall survive expiration or termination of this Agreement. 13. Disclaimers and Limitations of Liability • No Warranty: The Software and Service are provided "as is," with no warranties or representations of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. • Limitation of Liability: In no event shall SPM Instrument AB be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits or data, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising out of or in connection with this Agreement or Your use of the Software and Service. You assume sole responsibility for the results obtained from the use of the Services, and for conclusions drawn from such use. The Company shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided in connection with the Services. • Cap on Liability: SPM Instrument AB’s total liability in contract, tort (including negligence or breach of statutory duty) under this Agreement shall not exceed the fees paid by You for the Service during the 3 months preceding the event giving rise to the claim. 14. Indemnification You agree to indemnify, defend, and hold harmless SPM Instrument AB, its affiliates, officers, employees, agents, and licensors from any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: • Your use of the Software and Service. • Any breach of this Agreement by You or any user under Your account. • Any violation of applicable laws or third-party rights. 15. Confidentiality • Confidential Information: During the term of this Agreement, You may receive confidential or proprietary information from SPM Instrument AB. You agree to keep such information confidential and not disclose it to any third party without prior written consent. • Exclusions: The obligations of confidentiality do not apply to information that is publicly available or independently developed by You without the use of SPM Instrument AB's confidential information. 16. Governing Law and Dispute Resolution • Governing Law: This Agreement will be governed by and construed in accordance with the laws of Sweden, without regard to its conflict of law principles. • Dispute Resolution: Any disputes arising out of or in connection with this Agreement shall be resolved through the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC Institute”) in Sweden. 17. Miscellaneous • Entire Agreement: This Agreement, along with any appendices or documentation referenced herein, constitutes the entire agreement between You and SPM Instrument AB concerning the use of the Software and Service and supersedes any prior agreements or understandings. • Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. • Force Majeure: SPM Instrument AB shall not be liable for failure to perform its obligations under this Agreement if such failure is caused by events beyond its reasonable control, including but not limited to natural disasters, war, or acts of government. • Modifications: We may update or modify this Agreement, the Acceptable Use Policy or Privacy Policy from time to time by posting the revised version in the Service or by providing other notice to you. Your continued use of the Service constitutes your acceptance of any changes made.