End User Licence Agreement (EULA) — ValidAR

Version 2026 · In force since 1 July 2026 Published at: https://validar.kabunik.com/cluf

KABUNIK, S.L. — NIF B88736350 Registered office: Calle Cuenca, núm. 13, 08980 Sant Feliu de Llobregat (Barcelona), Spain Contact: legal@kabunik.com · soporte@kabunik.com

ValidAR SOFTWARE

END USER LICENSE AGREEMENT (EULA) · EULA 2026 · 1 de julio de 2026

KABUNIK, S.L. · NIF B88736350 · Confidential

1. INTRODUCTORY PROVISIONS

1.1. This End User License Agreement (the "EULA") governs the terms on which KABUNIK, S.L. ("Licensor") is willing to license the ValidAR software (as defined below) to You as the end-user, regardless of whether the Software is provided directly by the Licensor or through an Authorized Distributor.

1.2. The terms of this EULA may be supplemented or modified by (i) the Quote and/or (ii) your Delivery Agreement, if any. In the event of conflict, the Delivery Agreement and Quote shall prevail over this document. Any reference to this EULA also encompasses the applicable Quote and Delivery Agreement.

1.3. This EULA is legally binding upon You irrespective of the method of delivery or receipt of the Software, and regardless of whether the Software was made available by the Licensor directly or via an Authorized Distributor.

1.4. BY INSTALLING, ACCESSING, OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT AGREE, YOU MAY RETURN THE SOFTWARE FOR A FULL REFUND, PROVIDED YOU HAVE NOT INSTALLED OR USED THE SOFTWARE AND YOU RETURN IT WITHIN 14 DAYS OF PURCHASE.

2. ACCEPTANCE OF THE EULA

2.1. This EULA is accepted by (i) accepting the Quote, (ii) entering into a Delivery Agreement, or (iii) clicking the "I ACCEPT" button during installation. By accepting, You:

(a) unconditionally agree to the terms of this EULA;

(b) acknowledge that You have read and understood this EULA; and

(c) confirm that Your installation and use of the Software is legal and permitted under this EULA.

2.2. You may not install or use the Software without accepting this EULA.

3. DEFINITIONS

Unless otherwise stated, the following definitions apply throughout this EULA:

"Licensor" KABUNIK, S.L., a private limited company (Sociedad de Responsabilidad Limitada) incorporated under Spanish law, with registered office at Calle Cuenca, núm. 13, 08980 Sant Feliu de Llobregat (Barcelona), España and NIF B88736350.

"ValidAR" means the augmented reality software product(s) of the Licensor specified in the applicable Quote or Delivery Agreement, including all Minor Releases and Main Releases provided under this EULA.

"Affiliate" means, with respect to any Party, any entity that directly or indirectly controls, is controlled by, or is under common control with that Party, where "control" means the ownership of more than 40% of the voting stock or equivalent voting interests.

"Anonymized Data" means any data collected in connection with the Software (including Customer Data) that has been aggregated and/or de-identified such that neither You, Your Authorized Users, nor any other individual can be identified from the data when shared outside of the Licensor.

"Authorized Distributor" means any Affiliate of the Licensor or any third-party authorized reseller appointed in writing by the Licensor.

"Authorized User" means any employee or contractor of Yours who You allow to use the Software for Your sole internal benefit, and/or any other party expressly permitted under the applicable Order. User credentials are individual and non-transferable.

"Confidential Information" means the Software, Documentation, and any information or material in any form concerning the operation, personnel, or business of either the Licensor or You that is marked as confidential or that would reasonably be understood as confidential by its nature. The terms of this EULA are Confidential Information of the Licensor.

"Customer Data" means any information, documents, materials, or other data of any type that You or Your Authorized Users input into the Software, including data submitted manually or through third-party integrations, or that You provide to the Licensor in connection with Support.

"Data Protection Legislation" means (i) Regulation (EU) 2016/679 (the "GDPR") and Spanish Organic Law 3/2018 on Personal Data Protection and Guarantee of Digital Rights (LOPDGDD); (ii) any national implementing laws and secondary legislation; (iii) any successor legislation to the GDPR or the UK GDPR; and (iv) all other applicable data protection laws in any jurisdiction, including applicable US state privacy laws.

"Delivery Agreement" means an agreement on Software delivery between You and the Licensor or You and an Authorized Distributor.

"Device" means any compatible device (including AR headsets or tablets) on which the Software may be installed and operated, as specified in the Documentation. The Licensor makes no warranties regarding continued compatibility of any Device.

"Documentation" means the then-current usage guidelines and standard technical documentation for the Software, as amended from time to time by the Licensor.

"GDPR" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.

"High Risk Activities" means any mission-critical, hazardous, or strict liability activity where failure of the Software could lead to death, personal injury, or physical or environmental damage (e.g., aircraft, nuclear/chemical facilities, life support, emergency services, weaponry).

"License" means the non-exclusive, non-transferable, non-sublicensable right granted to You under this EULA to install, copy, and use the Software during the Utilization Term, solely for Your internal business purposes.

"License Fee" means the fees for the License specified in the Quote and/or Delivery Agreement.

"Main Release" means a major version of the Software made generally commercially available by the Licensor and assigned a new version number.

"Minor Release" means a release that updates the Software, incorporating bug fixes or performance improvements, but is not a Main Release.

"Order" means any ordering document, proposal, quotation, or sales agreement issued by the Licensor or executed by both parties, or any Licensor-issued entitlement confirmation or online order acknowledgement.

"Personal Data" has the meaning given to it by the Data Protection Legislation applicable to the relevant processing, including any personal data concerning You, Your Authorized Users, or other natural persons processed by the Licensor in connection with this EULA and Your use of the Software.

"Prohibited Data" means (a) special categories of data under GDPR Article 9(1); (b) protected health information regulated by HIPAA; (c) payment card data subject to PCI DSS; (d) government identification numbers; and (e) similar data protected under applicable law.

"Quote" means the quotation for the License and/or Maintenance submitted to You by the Licensor or an Authorized Distributor and accepted by You.

"Subscription Period" means the term of validity of a subscription-based License, which automatically renews for successive consecutive periods unless terminated in accordance with Section 7.1 of this EULA.

"Support" means the support and maintenance services for the Software provided by the Licensor during the applicable period as specified in the Order and/or applicable Supplemental Terms.

"Utilization Term" means the period during which You are authorized to use or access the Software under an Order, as defined therein.

4. DELIVERY

4.1. You acquire Your License by concluding this EULA, the applicable Quote, and/or a Delivery Agreement with the Licensor or an Authorized Distributor.

4.2. The Software will be delivered or made available to You in accordance with Your Delivery Agreement, or as otherwise identified by the Licensor or the Authorized Distributor. If Your License is a Trial License, the Software will be made available upon acceptance of this EULA.

4.3. User access to the Software will be activated via User Credentials delivered by the Licensor by email. By accepting this EULA, You agree to receive User Credentials by email. You are responsible for maintaining accurate contact information with the Licensor.

4.4. The Software may only be run on hardware that meets the technical parameters described in the Documentation.

5. LICENSE GRANT AND SCOPE

5A. Commercial License

5B. Educational License

5C. Trial License

6. RESTRICTIONS ON USE

You shall not (and shall not permit, encourage, or assist anyone else to):

(a) provide access to, distribute, sell, or sublicense the Software to any third party;

(b) use the Software on behalf of, or to provide any product or service to, third parties;

(c) use the Software to develop a product or service that competes with ValidAR;

(d) reverse engineer, decompile, disassemble, or seek access to the source code or non-public APIs of the Software, except to the extent expressly permitted by applicable law (and then only after providing prior written notice to the Licensor);

(e) modify, adapt, translate, combine, merge, or create derivative works of the Software or copy any element of the Software (other than authorized backup copies);

(f) remove, delete, alter, or obscure any intellectual property notices in the Software or its outputs;

(g) publish benchmarks or performance information about the Software, except where expressly permitted by applicable law;

(h) interfere with the Software's operation or its use by others, circumvent access restrictions, or conduct any security or vulnerability testing without the Licensor's prior written permission;

(i) transmit viruses, malware, or other harmful materials to or via the Software;

(j) submit Prohibited Data to the Software, or use the Software for High Risk Activities;

(k) use the Software in violation of any applicable law, regulation, or third-party rights; or

(l) allow Authorized User credentials to be shared among multiple individuals; each credential must be assigned to a named individual.

6.2. You shall establish appropriate contractual, organizational, and technical measures to ensure Your Authorized Users comply with these restrictions, including monitoring Software use, protecting access credentials, and granting access on a need-to-use basis only.

6.3. The Software is licensed, not sold, to You. You do not acquire any ownership interest in the Software. The Licensor retains all right, title, and interest in and to the Software and all related intellectual property rights.

7. SUBSCRIPTION PERIOD AND AUTOMATIC RENEWAL

7.1. Unless otherwise stated in the Order, the initial Utilization Term is 12 months from the Utilization Commencement Date. Each Utilization Term will automatically renew for successive 12-month periods unless either party gives the other written notice of non-renewal at least 30 days before expiration of the then-current term.

7.2. Fees for renewal Utilization Terms are at the Licensor's then-current rates, regardless of any discounted pricing in a prior Order.

8. SUPPORT AND MAINTENANCE

8.1. During the Utilization Term, the Licensor will provide Support as specified in the applicable Order. Support includes access to Minor Releases, Helpdesk Services, and the ValidAR Knowledge Base.

8.2. Main Releases may be subject to separate terms or additional fees as specified in the Order. The Licensor shall use reasonable efforts to maintain BIM Link compatibility with updated third-party CAD/CAM programs within two (2) months of a third-party release.

8.3. The Licensor shall not be liable for loss of BIM Link functionality caused by acts or omissions of third-party CAD/CAM software owners, developers, or distributors.

8.4. If You do not maintain active Support when a new Main Release is issued, You may need to purchase a Software upgrade before Support can be reactivated.

9. FEES, PAYMENT, AND PRICE ADJUSTMENT

9.1. License Fees are as described in the applicable Order, invoiced on the schedule in the Order. Unless the Order provides otherwise, payment is due within 30 days of the invoice date.

9.2. Fees for renewal terms are at the Licensor's then-current rates. Any unpaid amount past its due date will bear interest at the lower of 1.5% per month or the maximum rate permitted by applicable law, calculated from the due date until receipt of payment. You will bear all collection costs, including legal fees.

9.3. Subscription Fees are subject to an annual price adjustment of 4.72%, applicable from 1 July of each calendar year, beginning on 1 July 2027. This rate has been calculated as the simple average of the EU Harmonized Index of Consumer Prices (HICP) published by Eurostat for the five-year period 2021-2025, which recorded the following annual rates: 2.9% (2021), 9.2% (2022), 6.4% (2023), 2.6% (2024), and 2.5% (2025), yielding a five-year average of 4.72%, applied as the five-year average of 4.72%. The adjustment applies to Subscription Fees due and payable after each 1 July date. The Licensor will notify You of the adjustment at least 30 days before it takes effect. If in any future year the EU HICP annual rate published by Eurostat is zero or negative, no upward adjustment shall be applied for that year.

9.4. You shall pay all applicable taxes, levies, duties (including Spanish IVA and applicable EU VAT), and similar charges. Fees stated in the Order are exclusive of taxes unless expressly stated otherwise.

9.5. Subject to applicable law and except as set out in Section 10 (Adoption Guarantee) or Section 17.2 (Warranty Remedy), all fees are non-refundable once paid.

10. 90-DAY ADOPTION GUARANTEE

10.1. A refund of the remaining unused portion of the annual License Fee (proportional to months remaining beyond the first 90 days) may be issued after the first 90 days of the Utilization Term, provided all of the following conditions are met:

(a) All outstanding invoices and account balances have been paid in full.

(b) The Customer has completed the full onboarding program as described in the applicable Order or onboarding schedule.

(c) At least one Authorized User has obtained ValidAR Certification as defined and notified by the Licensor from time to time.

10.2. This guarantee does not apply to Trial Licenses, Educational Licenses, or purchases made via third-party application stores.

11. THIRD-PARTY PLATFORMS AND MATERIALS

11.1. The Software may provide access to or interoperate with third-party platforms, software, or content ("Third-Party Materials"). Third-Party Materials are not part of the Software and are not warranted by the Licensor.

11.2. Your use of Third-Party Materials is subject to the relevant third-party terms. The Licensor has no liability for Third-Party Materials, including their security, availability, functionality, or interoperability.

11.3. If You enable a third-party platform with the Software, the Licensor may access and exchange Customer Data with that platform on Your behalf. You are responsible for reviewing and accepting the applicable third-party terms.

11.4. The Software may incorporate open-source software components. The Licensor will, upon written request, identify such components. Where open-source license terms are inconsistent with this EULA, the open-source terms will apply to those components only.

11.5. If the Software was obtained through a third-party application store (e.g., Apple App Store, Microsoft Store), that store provider is a Reseller under this EULA. In-app purchases are governed by the store provider's own terms. All billing issues relating to in-app purchases must be directed to the store provider.

12. COMPLIANCE AND AUDIT

12.1. The Licensor and its Authorized Distributors may conduct or appoint an external auditor to verify Your compliance with this EULA. The Licensor shall provide at least five (5) business days' advance notice, except for electronic audits conducted via the Software's built-in compliance monitoring functionality.

12.2. You grant the Licensor and its appointed auditors reasonable access to premises, systems, and records necessary to determine compliance.

12.3. The Software automatically transmits to the Licensor data regarding Your installation and use for license compliance and activation purposes. You shall not disable, modify, or interfere with this functionality. The foregoing is without prejudice to clause I.4 of Annex I: diagnostic telemetry may be disabled by the administrator designated by You, whereas the minimum transmission indispensable for licence compliance and activation referred to in this clause may not.

12.4. If an audit reveals non-compliance, You shall immediately remedy it (including by purchasing additional licenses) and reimburse the Licensor for reasonable audit costs. All other rights and remedies of the Licensor remain unaffected.

12.5. You shall promptly notify the Licensor if You become aware of any violation of this EULA, unauthorized use of the Software, or infringement of the Licensor's intellectual property rights.

13. SUSPENSION OF ACCESS

13.1. The Licensor may suspend Your access to the Software, without liability, if: (a) You breach Section 6 (Restrictions); (b) Your account is 30 or more days overdue; or (c) Your actions risk harm to other customers or the security, availability, or integrity of the Software.

13.2. Where practicable, the Licensor will provide prior written notice of suspension. Access will be promptly restored once the issue is resolved.

14. PERSONAL DATA AND GDPR COMPLIANCE

14A. Data Controller and Processor Roles

14A.1. The Licensor acts as data controller for Personal Data processed for its own purposes (e.g., account registration, licensing, invoicing, and service communications). When processing Personal Data on Your instructions through the Software, the Licensor acts as data processor on Your behalf.

14A.2. You act as data controller with respect to any Personal Data You or Your Authorized Users input into the Software as Customer Data. You are responsible for ensuring You have a lawful basis for such processing under applicable Data Protection Legislation and for making all required disclosures to the relevant data subjects.

14B. Privacy Notice

14B.1. The Licensor's privacy notice, which sets out how the Licensor processes Personal Data as data controller, is published at https://validar.kabunik.com/privacidad and is incorporated by reference into this EULA. The Licensor will notify You of any material changes to its privacy notice with reasonable advance notice.

14B.2. Where Your consent to the processing of Personal Data is required under Data Protection Legislation, You will be asked for such consent separately. Acceptance of this EULA does not constitute consent to the processing of Personal Data.

14C. Data Processing Agreement (DPA)

14C.1. To the extent that the Licensor processes Personal Data on Your behalf (acting as data processor), and such processing is subject to the GDPR, Spanish LOPDGDD, or UK GDPR, the Licensor and You shall enter into a Data Processing Agreement ("DPA") meeting the requirements of GDPR Article 28 and Royal Decree 1720/2007 (as applicable). The DPA is available at https://validar.kabunik.com/dpa or upon written request to legal@kabunik.com and must be executed before any Personal Data is processed through the Software.

14C.2. The DPA includes, without limitation: (a) subject matter, duration, nature, and purpose of processing; (b) type of Personal Data and categories of data subjects; (c) obligations and rights of the controller; (d) the Licensor's obligations regarding confidentiality and security of processing; (e) the Licensor's obligations regarding sub-processors; and (f) the Licensor's obligations to assist You with data subject rights requests and Personal Data breach notifications.

14C.3. Any transfer of Personal Data from the European Economic Area (EEA) or the United Kingdom to the Licensor's entities or sub-processors located in third countries shall be governed by appropriate transfer safeguards as required by GDPR Chapter V, including Standard Contractual Clauses (SCCs) adopted by the European Commission or the UK Information Commissioner's Office, as applicable. Applicable SCCs are incorporated into the DPA.

14D. Sub-Processors

14D.1. The Licensor may engage sub-processors to assist in providing the Software and Support. The Licensor shall: (a) impose data protection obligations on sub-processors equivalent to those in the DPA; and (b) remain fully liable for the acts and omissions of sub-processors as if performed by the Licensor directly.

14D.2. The Licensor shall maintain and make available to You a current list of sub-processors. The Licensor shall give You at least 30 days' advance notice of any intended addition or replacement of a sub-processor. You may object on reasonable data protection grounds; if the parties cannot resolve the objection within 30 days, You may terminate the affected service on written notice without penalty.

14E. Data Subject Rights

14E.1. Where the Licensor receives a data subject request relating to Personal Data processed on Your behalf (e.g., access, rectification, erasure, portability, restriction, or objection under GDPR Articles 15-22), the Licensor shall promptly notify You and assist You in responding by providing appropriate technical and organizational measures, taking into account the nature of the processing.

14E.2. You are responsible for responding to data subject rights requests concerning Customer Data. The Licensor shall not respond to such requests independently without Your authorization, except as required by applicable law or by the Spanish Data Protection Authority (AEPD).

14F. Security Measures

14F.1. The Licensor shall implement and maintain appropriate technical and organizational security measures to protect Personal Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access (as required by GDPR Article 32 and Spanish LOPDGDD), taking into account the state of the art, costs, and the nature, scope, context, and purposes of processing.

14F.2. In the event of a Personal Data breach, the Licensor shall notify You without undue delay and, where feasible, within 72 hours of becoming aware of the breach (as required by GDPR Article 33), providing sufficient information to enable You to comply with Your own notification obligations to the AEPD and affected data subjects.

14G. Data Retention and Deletion

14G.1. Upon expiration or termination of this EULA or the applicable Utilization Term, the Licensor shall, at Your written request and within a reasonable period not exceeding 30 days, delete or return all Customer Data processed on Your behalf, and delete existing copies, unless required by applicable Spanish or EU law to retain such data. The Licensor shall certify such deletion in writing upon request.

14G.2. Anonymized Data may be retained by the Licensor on a perpetual basis and used to improve the Software and the Licensor's services. The Licensor owns all Anonymized Data. Anonymized Data does not constitute Personal Data and falls outside the scope of Data Protection Legislation.

14H. Customer Data Obligations

14H.1. You shall comply with all applicable Data Protection Legislation in Your use of the Software, including: (a) ensuring that any Personal Data submitted to the Software has a lawful basis for processing; (b) making all required disclosures to data subjects; and (c) not submitting Prohibited Data to the Software.

14H.2. You shall promptly inform the Licensor of any changes to applicable Data Protection Legislation that may affect the Licensor's processing of Personal Data on Your behalf, and cooperate with the Licensor to implement any required changes.

14H.3. You shall be responsible for any claim, fine, or sanction imposed by the AEPD or any other supervisory authority arising from Your failure to comply with Your obligations as data controller under applicable Data Protection Legislation.

15. INTELLECTUAL PROPERTY AND DATA RIGHTS

15.1. The Licensor and its licensors retain all right, title, and interest in and to the Software, Documentation, and all related intellectual property rights, including any modifications or improvements. No rights are granted except as expressly set out in this EULA.

15.2. Customer Data remains Your property. You grant the Licensor a non-exclusive, worldwide, irrevocable, royalty-free right to: (a) use Customer Data during the Utilization Term to provide the Software and Support; (b) use and disclose Customer Data as permitted by this EULA or Your written consent; and (c) on a perpetual basis, create and use Anonymized Data for product improvement and development purposes.

15.3. You hereby grant the Licensor a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable license to use and exploit any suggestions, ideas, enhancement requests, or other feedback You provide to the Licensor relating to the Software. Feedback is provided voluntarily and does not constitute Your Confidential Information.

15.4. You shall safeguard the Software from infringement, misappropriation, theft, misuse, or unauthorized access, using at least the same degree of care as You use for Your own proprietary information, but no less than reasonable care.

16. TERM AND TERMINATION

16.1. This EULA commences on the Effective Date and continues until expiration or termination of all Utilization Terms for all Software products.

16.2. Either party may terminate this EULA (including all Orders) if the other party: (a) fails to cure a material breach (including failure to pay fees) within 30 days of written notice; (b) ceases operations without a successor; (c) enters liquidation, concurso de acreedores, or has a receiver appointed and such proceeding is not dismissed within 60 days; or (d) is designated by a governmental authority as an entity with which the other party is prohibited from doing business.

16.3. Upon expiration or termination: (a) all rights granted to You cease immediately; (b) You shall cease all use and delete all copies of the Software; and (c) the Licensor shall handle Customer Data in accordance with Section 14G. The Licensor may retain Customer Data in encrypted backup systems for a limited period not exceeding 30 days, subject to this EULA's confidentiality and data protection obligations.

16.4. There shall be no refund of any fees upon termination, except as expressly provided in Section 10 (Adoption Guarantee) or Section 17.2 (Warranty Remedy).

16.5. Sections 6, 12, 14, 15, 16.3, 17 (except warranty remedy), 18, 19, 20, 21, and 22 survive expiration or termination.

17. LIMITED WARRANTY AND DISCLAIMERS

17.1. LIMITED WARRANTY. The Licensor warrants that the Software will operate in substantial conformity with its applicable Documentation for a period of six (6) months from the Effective Date (the "Warranty Period"). Your sole remedy for a breach of this warranty is, at the Licensor's election: (i) repair of the defect via a Minor Release or workaround; (ii) replacement of the Software; or (iii) termination and a pro-rata refund of fees paid corresponding to the period from notification of the defect to the end of the Warranty Period. This warranty does not apply to defects caused by: (a) hardware; (b) incorrect use or non-compliance with Documentation; (c) modifications by You or a third party; or (d) acts or omissions attributable to You.

17.2. IP INDEMNITY. If Your use of the Software in accordance with this EULA is alleged to infringe a third party's intellectual property rights, the Licensor may, at its option: (i) procure the right for You to continue using the Software; (ii) replace the infringing component with a functionally equivalent alternative; or (iii) terminate the License and provide a pro-rata refund of pre-paid fees for the unexpired Utilization Term.

EXCEPT FOR THE LIMITED WARRANTY IN SECTION 17.1, THE SOFTWARE IS PROVIDED "AS IS". THE LICENSOR AND ITS SUPPLIERS MAKE NO OTHER WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. THE LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT IT WILL MAINTAIN CUSTOMER DATA WITHOUT LOSS, OR THAT THE SOFTWARE IS SUITABLE FOR YOUR INTENDED USE. YOU ARE RESPONSIBLE FOR VERIFYING THE ACCURACY OF ALL OUTPUTS. ANY STATUTORILY REQUIRED WARRANTIES WILL BE LIMITED TO THE SHORTEST LEGALLY PERMITTED PERIOD UNDER APPLICABLE LAW.

18. LIMITATION OF LIABILITY

EXCEPT FOR EXCLUDED CLAIMS, NEITHER PARTY (NOR ITS SUPPLIERS) SHALL BE LIABLE FOR LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL, OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, ARISING IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EACH PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS EULA SHALL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY YOU TO THE LICENSOR DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.

"Excluded Claims" means: (a) Your breach of Section 6 (Restrictions) or Section 14H (Customer Data Obligations); (b) either party's breach of Section 19 (Confidentiality) except in relation to Customer Data; (c) amounts payable to third parties under either party's indemnification obligations; (d) the Licensor's liability for Personal Data breaches to the extent required by applicable Data Protection Legislation and Spanish LOPDGDD; and (e) any liability that cannot be excluded or limited by applicable law, including liability for death or personal injury caused by negligence or fraud, or any liability under mandatory Spanish consumer protection law.

18.4. The above limitations apply regardless of the form of action and shall survive and apply even if any limited remedy fails of its essential purpose.

19. CONFIDENTIALITY

19.1. Each party shall use reasonable care to protect the other's Confidential Information from disclosure to third parties, using at least the same degree of care it uses for its own confidential information (and no less than reasonable care), and shall use Confidential Information only to fulfill its obligations and exercise its rights under this EULA.

19.2. A party may disclose Confidential Information to its employees, agents, Affiliates, contractors, and other representatives having a legitimate need to know, provided they are bound by confidentiality obligations at least as protective as those in this EULA.

19.3. Confidentiality obligations do not apply to information that: (a) is or becomes public knowledge through no fault of the receiving party; (b) was rightfully known to the receiving party before receipt; (c) was rightfully received from a third party without confidentiality obligation; or (d) was independently developed by the receiving party without use of the disclosing party's Confidential Information.

19.4. Either party may disclose Confidential Information if required by law, court order, or competent regulatory authority (including the AEPD), provided it: (i) discloses only the minimum required; (ii) notifies the other party in advance where permitted by law; and (iii) cooperates to seek confidential treatment.

19.5. Unauthorized use or disclosure of Confidential Information may cause irreparable harm for which monetary damages alone would be insufficient. Each party may seek injunctive or other equitable relief for breach or threatened breach of this Section 19.

20. FORCE MAJEURE

20.1. Neither party shall be liable for delay or failure to perform its obligations (except payment obligations) due to events beyond its reasonable control, including strikes, war, terrorism, natural disasters, pandemics, failure of telecommunications networks, or governmental orders ("Force Majeure Event"). The affected party shall promptly notify the other party and provide an estimated duration.

20.2. If a Force Majeure Event continues for more than three (3) months, either party may terminate this EULA by written notice with immediate effect. Any pre-paid fees for the unexpired period will be refunded on a pro-rata basis.

21. GOVERNING LAW AND JURISDICTION

This EULA is governed by Spanish law. The following table specifies the applicable legal framework by Customer location:

21.2. The United Nations Convention on Contracts for the International Sale of Goods is excluded. No dispute may be brought by either party more than two (2) years after the cause of action accrued, except that an action for non-payment may be brought within two (2) years of the due date.

21.3. The parties agree to attempt good-faith negotiation before commencing formal proceedings. If negotiation fails within 30 days of written notice, disputes shall be resolved by the courts identified in Section 21.1. For EU consumers, mandatory consumer protection provisions of the consumer's country of residence shall apply in addition to this EULA.

22. PURCHASE THROUGH AUTHORIZED DISTRIBUTORS AND RESELLERS

22.1. This EULA governs Your use of the Software regardless of whether You purchased through the Licensor directly or through an Authorized Distributor. Authorized Distributors are not authorized to modify this EULA or make representations or commitments on the Licensor's behalf.

22.2. If You purchased through an Authorized Distributor: (a) order details shall be as stated in the Licensor's entitlement confirmation; (b) the Authorized Distributor is responsible for the accuracy of order information communicated to the Licensor; (c) payment is made to the Authorized Distributor; and (d) if the Authorized Distributor fails to pay the Licensor, the Licensor reserves the right to terminate the applicable Utilization Term.

22.3. Any refund to which You may be entitled must be claimed through the Authorized Distributor. The Licensor will refund the Authorized Distributor, who is solely responsible for passing the refund to You.

23. EXPORT CONTROL, SANCTIONS, AND ANTI-CORRUPTION

23.1. The Software may be subject to export control restrictions under the laws of the European Union and Spain, and other applicable jurisdictions. You shall comply with all applicable export control and sanctions laws and shall not export, re-export, or transfer the Software to any embargoed country, restricted party, or for any prohibited end-use.

23.2. You represent and warrant that You are not listed on any EU or Spanish government list of prohibited or restricted parties, and are not located in (or a national of) a country subject to an EU embargo.

23.3. Each party and any third party acting on its behalf shall comply with all applicable anti-corruption and anti-bribery laws, including Spanish Law 10/2010 on the prevention of money laundering and terrorist financing, the EU Anti-Corruption Framework, and the UK Bribery Act 2010 where applicable.

24. AMENDMENTS TO THIS EULA

24.1. The Licensor reserves the right to amend this EULA. Unless required by law, amendments take effect at the start of the next Utilization Term renewal. If the Licensor requires an earlier effective date and You object in writing within 30 days of notice, the Licensor may permit the amendment to take effect at the next renewal. If the Licensor declines, Your exclusive remedy is to terminate this EULA with a pro-rata refund of pre-paid fees for the unexpired term.

24.2. For material amendments (other than those required by applicable law, including Data Protection Legislation), the Licensor shall notify You at least two (2) months before the proposed effective date. If You do not agree, You may terminate this EULA by written notice before the effective date, with a pro-rata refund of pre-paid fees for the unexpired term.

24.3. Your continued use of the Software following the effective date of any amendment constitutes acceptance of the amended EULA.

25. GENERAL PROVISIONS

25.1. Assignment. The Licensor may assign this EULA upon notice to You. You may not assign or transfer this EULA without the Licensor's prior written consent. Any non-permitted assignment is void.

25.2. Entire Agreement. This EULA (including all Orders, Supplemental Terms, and the DPA where applicable) constitutes the entire agreement between the parties regarding its subject matter and supersedes all prior agreements. Terms in any Customer purchase order or business form are expressly rejected.

25.3. Severability. If any provision of this EULA is held invalid or unenforceable by a competent court or the AEPD, it shall be modified to the minimum extent necessary to make it valid and enforceable, and all other provisions shall remain in full force.

25.4. Waiver. No waiver of any provision is effective unless in writing. No waiver constitutes a continuing waiver.

25.5. Notices. Notices must be in writing and delivered by hand, recognized courier, or email (with confirmation of receipt) to the address in the Order. The Licensor's legal notice address is: KABUNIK, S.L., Calle Cuenca, núm. 13, 08980 Sant Feliu de Llobregat (Barcelona), España. Email: legal@kabunik.com.

25.6. Independent Contractors. The parties are independent contractors and not agents, partners, or joint venturers.

25.7. No Third-Party Beneficiaries. Save as provided in clause II.10 of Annex II in respect of Apple Inc., this EULA is for the sole benefit of the parties and their permitted successors. No other person has rights under this EULA.

25.8. Publicity. Neither party may publicly announce this EULA without the other's prior written consent. The Licensor may include You in its customer lists and promotional materials but will cease upon Your written request.

25.10. Annexes. Annexes I, II and III form an integral part of this EULA. In the event of conflict between the body of the EULA and an Annex, the Annex shall prevail solely in respect of the matters it governs.

25.9. Language. The official language of this EULA is Spanish. This English version is provided for information purposes only. In the event of any conflict between language versions, the Spanish version controls.

ANNEX I — TERMS SPECIFIC TO THE VALIDAR SOFTWARE

This Annex forms an integral part of the EULA and sets out the terms specific to how ValidAR operates. In the event of conflict with the body of the EULA, this Annex shall prevail solely in respect of the matters it governs.

I.1 Nature and limits of assisted validation

This clause is essential. You declare that You understand and expressly accept it.

I.1.1. ValidAR is a visual assistance tool for quality control. It compares the reality captured by the Device with the digital model You supply and presents indicative signals of match or discrepancy.

I.1.2. The Software does not replace professional inspection, the technical judgement of Your qualified personnel, or any inspection, testing, certification or verification required by applicable law, by the project or by Your end client. The reports generated by the Software have the value of an internal supporting record and do not constitute certificates of structural conformity, nor do they evidence compliance with any technical standard.

I.1.3. The decision on conformity, acceptance, rework or rejection of any fabricated element rests exclusively with You and Your qualified personnel.

I.1.4. You acknowledge the following known limitations, which have been communicated to You and are detailed in the Documentation:

(a) the Software compares reality against the model supplied: an element present in reality but absent from the model is not detected as a discrepancy;

(b) the accuracy of the result depends on the quality, currency and completeness of the model You supply, as well as on the correct configuration of the export process;

(c) the physical conditions of the environment — lighting, accessibility, surface reflectance, size and complexity of the assembly, stability of the initial positioning — decisively influence the result;

(d) tolerance thresholds are configurable and their suitability for a particular process must be validated by You;

(e) certain elements may be excluded from the scope of validation by configuration (for example, bolting and welds).

I.1.5. Accordingly, and without prejudice to Section 18 of the EULA, the Licensor is not liable for fabrication, acceptance or rejection decisions taken by You, nor for defects not detected by the Software.

I.2 Use profiles, seats and device activation

I.2.1. In addition to the modalities in Section 5, the License is dimensioned by Seats and by Active Devices, as specified in the Order:

I.2.2. Seats are named: they may not be shared or used simultaneously by several people. You may reassign a Seat to another Authorized User where an organisational change occurs, through the administration panel.

I.2.3. Enabling the augmented reality functions requires device activation: the Software generates a technical identifier which the Licensor registers and processes in order to issue the corresponding technical licence. Until that activation is completed, the Authorized User may access the remaining functionality according to their profile.

I.2.4. You acknowledge that certain operations on the Device — in particular a factory reset or replacement of the equipment — may alter that identifier and require a new activation, subject to the applicable processing times.

I.2.5. Replacing one Active Device with another does not increase the number of contracted devices. Simultaneous use of more devices than contracted constitutes a breach of Section 6 and entitles the Licensor to regularise billing or suspend access in accordance with Section 13.

I.3 Third-party component: VisionLib SDK

I.3.1. The Software embeds, in an inseparable manner, the VisionLib object tracking development kit, exclusively owned by Visometry GmbH (the "Embedded SDK"). You acknowledge that ownership and that You acquire no right over the Embedded SDK beyond its use as an inseparable component of the Software.

I.3.2. The following apply specifically to the Embedded SDK and shall survive termination of the EULA:

(a) the prohibition on reverse engineering, decompiling or disassembling (Section 6.(d));

(b) the prohibition on extracting, separating or redistributing the Embedded SDK independently of the Software, or using it outside it;

(c) the prohibition on using it for military or dual-use purposes, or for any purpose restricted by European or German export control regulations, or in territories or for the benefit of persons or entities subject to international sanctions, on the terms of Section 23.

I.3.3. Use of the augmented reality functions is limited to the Active Devices contracted and activated in accordance with clause I.2.

I.4 Telemetry and diagnostic data

I.4.1. The Software records technical operating information — session and Device identifiers, application version, performance and tracking metrics, usage events and errors — for the purpose of diagnosing incidents, ensuring the security and stability of the service and improving the product.

I.4.2. Such information may include technical data relating to the positioning of the Device during validation sessions. The Licensor shall treat it as Your Confidential Information and shall not use it for purposes other than those described, nor disclose it to third parties, save where legally obliged.

I.4.3. The Licensor may use Anonymized Data in accordance with Section 14G.2.

I.4.4. The administrator designated by You may enable or disable the collection of diagnostic telemetry from the administration panel. Not disableable is the minimum transmission indispensable for licence compliance and activation referred to in Section 12.3. Disabling it may limit the Licensor's diagnostic capability when handling incidents.

I.4.5. Diagnostic logs are retained for a maximum period of ninety (90) days, unless their retention is necessary to investigate a specific incident.

ANNEX II — TERMS SPECIFIC TO DISTRIBUTION THROUGH THE APPLE APP STORE

Where the mobile application is obtained through the Apple App Store, the following terms, required by Apple Inc., shall also apply. TestFlight is used exclusively as a testing channel and does not constitute commercial distribution.

II.1. Parties. This EULA is entered into solely between You and the Licensor, not with Apple Inc. The Licensor, and not Apple, is solely responsible for the application and its content.

II.2. Scope of the licence. The licence to use the application is non-transferable and is limited to its use on Apple-branded devices that You own or control, in accordance with Apple's App Store Usage Rules.

II.3. Maintenance and support. The Licensor is solely responsible for maintenance and support services for the application. Apple has no obligation whatsoever to provide maintenance or support services.

II.4. Warranty. In the event of any failure of the application to conform to an applicable warranty, You may notify Apple, which will refund, where applicable, the purchase price of the application. To the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever, and any liability arising from a failure to conform to warranties shall be the Licensor's.

II.5. Product claims. The Licensor, and not Apple, is responsible for addressing claims by You or third parties relating to the application, including product liability claims, claims of failure to conform to legal or regulatory requirements, and claims arising under consumer protection or privacy legislation.

II.6. Intellectual property rights. In the event of a third-party claim of intellectual property infringement caused by the application, the Licensor, and not Apple, shall be responsible for its investigation, defence, settlement and discharge.

II.7. Legal compliance. You represent that You are not located in a country subject to a U.S. Government embargo or designated as a terrorist-supporting country, and that You are not listed on any prohibited or restricted party list.

II.8. Contact details. KABUNIK, S.L. — commercial offices: Av. Diagonal 601, Planta 8, 08028 Barcelona (Spain) — soporte@kabunik.com

II.9. Third-party terms. You undertake to comply with the terms of third-party agreements applicable to Your use of the application.

II.10. Third-party beneficiaries. Notwithstanding Section 25.7, You acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of this EULA and that, upon Your acceptance, Apple will have the right — and will be deemed to have accepted it — to enforce this EULA against You as a third-party beneficiary.

ANNEX III — SUB-PROCESSORS

List current as at the date of this EULA, for the purposes of Section 14D.

The Licensor keeps this list up to date and will notify any addition or replacement in accordance with Section 14D.2.

KABUNIK, S.L. — NIF B88736350 — Version 2026, in force since 1 July 2026. Version history available at https://validar.kabunik.com/cluf