Boston Dynamics, Inc. (“Boston Dynamics”) Software Development Kit License (20191101-BDSDK-SL) Copyright 2021 Boston Dynamics, Inc. All rights reserved. DOWNLOADING, REPRODUCING, DISTRIBUTING OR OTHERWISE USING THE SOFTWARE CONSTITUTES ACCEPTANCE OF THIS LICENSE. THE SOFTWARE MAY NOT BE USED EXCEPT AS EXPRESSLY AUTHORIZED UNDER THIS LICENSE. The Boston Dynamics Software Development Kit (the “SDK Software”) is protected by copyright law and international copyright treaties. 1. License: Subject to the terms and conditions of this agreement, you are hereby granted a non-exclusive, terminal, worldwide, royalty-free license to use, publish, display, reproduce, modify, create derivative works for and distribute in source code and object code form the SDK Software. 2. Conditions: (a) Any distribution of the SDK Software must include a complete copy of this license and must retain all copyright and other proprietary notices. The SDK Software that is distributed (including modified versions of the SDK Software) shall be subject to the terms and conditions of this license. (b) The SDK Software may not be combined or merged with other software in any manner that would cause the SDK Software to become subject to terms and conditions which differ from those of this license. (c) The SDK Software is licensed solely and exclusively for use with products offered for sale by Boston Dynamics, Inc. (“BD Products”). Use of the SDK Software with simulators and emulators is not prohibited so long as it is a software based simulation / emulation. Use with any other hardware is strictly prohibited. (d) Licensee shall not use the name or any trademark of Boston Dynamics (including those of its licensors) to endorse or promote products without prior written consent of the owner of the name or trademark. (e) Modified versions of the SDK Software must be conspicuously marked as such. (f) Use of the SDK Software with a BD Product may require the use of a license key, app token or similar item (“License Key”). License Keys may be separately issued by or on behalf of Boston Dynamics in its discretion. (g) This license shall be governed by the laws of Massachusetts, without regard to its conflict of laws rules. The SDK Software shall only be used in compliance with all applicable laws and regulations, including without limitation export control laws. (h) All rights not expressly granted hereunder are reserved. 3. WARRANTY DISCLAIMER: THE SDK SOFTWARE AND ANY RELATED INFORMATION AND/OR ADVICE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT REPRESENTATIONS, GUARANTEES OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Boston Dynamics has no obligation to provide software support or updates. 4. LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW BOSTON DYNAMICS (INCLUDING ITS LICENSORS) SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM OR RELATED TO THE SDK SOFTWARE, ITS USE OR ANY RELATED INFORMATION AND/OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR ANALOGOUS DAMAGES (INCLUDING WITHOUT LIMITATION ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, REVENUE, PROFITS, OR SAVINGS, COMPUTER DAMAGE OR ANY OTHER CAUSE), UNDER ANY LEGAL THEORY (INCLUDING WITHOUT LIMITATION CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT OR PRODUCT LIABILITY), EVEN IF IT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not permit the exclusion or limitation of liability for consequential, incidental or other damages, and, as such, some portion of the above limitation may not apply. In such jurisdictions, <<<<<<< HEAD liability is limited to the greatest extent permitted by law. ======= liability is limited to the greatest extent permitted by law. >>>>>>> 96a2e56a96d1f0fc447908470832f3ee0c9dbdf9