BarКoder Software Development Kit — End User License Agreement

BarKoder Software Development Kit (Barkoder Mobile SDK) is provided by:

Placeholder EOOD
21st Dyakon Ignatii Str. 2-5
Sofia 1000, Bulgaria
UIC/PIC 206578123

This End User License Agreement (the “Agreement”) is a legal agreement between You (“You” may be
either an individual, corporation, organization or an entity) and Placeholder EOOD (“Company”)
regarding the use of Company’s software development kit entitled Barkoder Mobile SDK (“Software”),
with all of its components, accompanying tools, sample codes, extensions, associated media and
electronic documentation.

BY DOWNLOADING, INSTALLING, IMPLEMENTING OR USING THIS SOFTWARE, YOU AGREE TO THE

TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS AN
ENFORCEABLE WRITTEN AGREEMENT NEGOTIATED AND SIGNED BY YOU AND COMPANY. DO NOT
PROCEED WITH THE INSTALLATION OF THE SOFTWARE UNTIL YOU HAVE READ THIS AGREEMENT AND
AGREE TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. IF YOU ARE ACCESSING THE
SOFTWARE ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE AGREEMENT TERMS BY
SELECTING THE AGREEMENT “ACCEPT” BUTTON. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT
DOWNLOAD, INSTALL, USE OR COPY THE SOFTWARE, AS YOU ARE NOT AUTHORIZED TO DO SO.

Grant of license.
Subject to the restrictions contained herein and in consideration for the applicable license fee timely
paid, Company grants to you only a limited, nonexclusive, non-transferable, world-wide right during the
subscription period agreed upon via the Company’s website, to use the Software only for the purpose of
developing and integrating the Software in a software application developed by You or your employees
and/or consultants, including all its updates, upgrades, enhancements, modifications, revisions, new
versions (“Application”). You may distribute the Software only as part of the Application.
Under this Agreement, you may use, modify or merge all or portions of the Software with your
Application programs and distribute it only as part of your products in object code form. Any modified or
merged portion of the Software is subject to this Agreement. You may not assign your rights or
obligations granted under this Agreement without Company’s prior written consent. Any attempted
assignment or transfer without such prior written consent shall be void and of no effect.
You may make a limited number of copies of the Software to be used by your employees or consultants
as provided herein, and not for general business purposes, and such employees or consultants shall be
subject to the obligations and restrictions in this Agreement. You shall take all necessary steps to ensure
that your employees or consultants abide by the terms of this Agreement.

If the license you have obtained through the Company’s website is marked as a trial or evaluation (“Trial
License”) and granted for free, it will last until the end of the trial period as indicated on the Company’s
website or terminated by Company in Company’s sole discretion. You are discouraged from distributing
your Application into a production environment using a Trial License. All rights not expressly granted
herein are reserved by Company. Any use of the Software outside of the conditions set forth herein is
strictly prohibited and will be deemed a breach of this Agreement resulting in immediate termination of
your License.

Restrictions.

Except as expressly provided for herein, you may not, and may not enable others to:

- modify, create derivative works of, reverse engineer, reverse compile, disassemble or
otherwise attempt to reconstruct, identify or discover any source code, underlying ideas,
techniques, or algorithms in the Software or the Company’s current or future products and
services (collectively, the “Company Products”), except as and only to the extent any
foregoing restriction is prohibited by applicable law or permitted by applicable law
notwithstanding the foregoing restriction, or to the extent as may be permitted by licensing
terms governing use of any open source software components included within the SDK);
- distribute, sell, resell, lease, rent, lend, offer on a service bureau basis or sublicense any part
of the Software to any third party except as expressly provided herein and as necessary to
distribute the Application;
- remove, obscure, or alter any proprietary rights or confidentiality notices within the
Software;
- create an Application or other software that prevent or degrade the interaction of
applications developed by others with the Software or the Company Products; or
- use the Software to create, develop or use any program or software which: (a) contains any
viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming
routines that are intended to damage, detrimentally interfere with, surreptitiously intercept
or expropriate any system, data or personal information; (b) limit the functionality of any
other software or hardware; or (c) when used in the manner in which it is intended, violates
any material law, statute, ordinance or regulation (including without limitation the laws and
regulations governing export control, unfair competition, antidiscrimination or false
advertising).

You may use the Software solely in connection with Company’s current and future products and services
and may not use the Software with the products and services of any direct competitor of Company.

Confidentiality.
You agree to maintain the confidentiality of any proprietary information received by You during, or prior
to entering into, this Agreement, including, without limitation, the Software, that You should know is
confidential or proprietary based on the circumstances surrounding the disclosure, including, without
limitation, non-public technical and business information (“Confidential Information”) for a period of
five (5) years after the termination of this Agreement. You shall keep secret and hold as strictly
confidential all Confidential Information of the Company and shall not sell, transfer, rent, use, disclose
or otherwise make available, without the Company’s prior written consent, any of the Confidential
Information of the Company to any person, except its employees and consultants to whom such
information must be provided to carry out the purpose and intent of this Agreement, and who have
agreed in writing to be bound by terms of confidentiality no less restrictive than those contained in this
clause. This section shall not apply to any publicly available or independently developed information.
You agree not to use said Confidential Information for any purpose except as necessary to fulfil your
obligations and exercise your rights under this Agreement. You shall protect the secrecy of and avoid
disclosure and unauthorized use of the Company’s Confidential Information to the same degree that you
take to protect your own confidential information and in no event less than reasonable care.

Ownership and intellectual property rights.

The Software and all worldwide copyrights, trade secrets, and other intellectual property rights therein
are the exclusive property of the Company and its licensors. Company and its licensors reserve all rights
in and to the Software not expressly granted to you in this Agreement. The Software (and all copies
thereof) is licensed to You, not sold, under this Agreement. All suggestions or feedback provided by You
to Company with respect to the Software shall be Company’s property. Company may use, copy, modify,
publish, or redistribute the submission and its contents for any purpose and in any way without any
compensation to You. You agree that all copies of the items in the Software, reproduced for any reason
by You, contain the same copyright notices, and other proprietary notices as appropriate, as appear on
or in the master items delivered by Company in the Software. Company and/or its suppliers retain title
and ownership of the items in the Software, the media on which it is recorded, and all subsequent
copies, regardless of the form or media in or on which the original and other copies may exist. This
license does not grant Users any rights to access, usage or disclosure of the original source code. All
techniques, algorithms, and procedures contained in the software and any documentation thereto
related is the Company’s or its licensors’ sole property.

You shall have no rights in or to the Software other than the limited, non-exclusive and non-transferable
right to use such Software solely in accordance with this Agreement.

Consent to Use of Data.

You agree that Company may collect and use technical data and related information—including but not
limited to technical information about your device, system and application software, and peripherals—
that is gathered periodically to facilitate the provision of software updates, product support, and other
services to you (if any) related to the Software. Company may use this information, as long as it is in a
form that does not personally identify you, to improve its products or to provide services or
technologies to you.

Indemnification.
You agree to defend, indemnify and hold harmless Company, and any of its directors, officers,
employees, affiliates or agents, from and against any and all claims, losses, damages, liabilities and other
expenses (including attorneys’ fees), arising from your use, modification and distribution of the Software
or breach of this Agreement.

Term and Termination.

This Agreement shall continue as long as You are in compliance with the terms specified herein or until
otherwise terminated. You and or Company may terminate this Agreement for any reason at any time.
You agree, upon termination, to destroy all copies of the Software within your possession or control and
to ceasing all use, copying, storage, transmission, integration, distribution, public display and
performance of the Software. License fees paid are non-refundable. This Agreement shall terminate
immediately upon notice from Company if You fail to comply with any provision contained herein or if
the funds paid for the license are returned as insufficient or are not received, and such failure or breach
is not cured within fifteen (15) days of such notice. Upon termination, You must destroy the Software
and all copies (in part and in whole, including modified copies, if any) in your possession or control and
remove the Software from all computers in your possession or control. All restrictions prohibiting You to
use the Software and intellectual property provisions relating to the Software to the benefit of the
Company shall survive the termination of this Agreement.

Termination due to legal concerns.

Company may terminate this Agreement immediately at any time upon notice and without opportunity
to cure or penalty in the event (a) your Application infringe upon or violate any third person's
intellectual property rights or other proprietary rights; or (b) Company reasonably believes that any
element of your Application violates any applicable law, rule or regulation.

NO WARRANTIES.
THE SOFTWARE IS PROVIDED “AS IS” AND COMPANY AND ITS AFFILIATES AND LICENSORS MAKE, AND
YOU RECEIVE, NO OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR IN
ANY COMMUNICATION WITH YOU. COMPANY SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY
INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A
PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL
BE UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
COMPANY MAKES NO WARRANTY WITH RESPECT TO THE CORRECTNESS, ACCURACY, OR RELIABILITY OF
THE SOFTWARE AND DOCUMENTATION. Some jurisdictions do not allow the exclusion of implied
warranties, so the above exclusion may not apply to you.

LIMITATION OF LIABILITY.
THE TOTAL LIABILITY OF COMPANY AND ITS AFFILIATES AND LICENSORS UNDER THIS AGREEMENT FOR
DAMAGES WILL NOT EXCEED $10 USD IN THE AGGREGATE. IN NO EVENT WILL COMPANY OR ITS
AFFILIATES AND LICENSORS BE LIABLE IN ANY WAY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT,
SPECIAL OR PUNITIVE DAMAGES OF ANY NATURE, INCLUDING WITHOUT LIMITATION, LOST BUSINESS
PROFITS, OR LIABILITY OR INJURY TO THIRD PERSONS, WHETHER FORESEEABLE OR NOT, REGARDLESS
OF WHETHER COMPANY OR ITS AFFILIATES AND LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. The foregoing limitations will apply even if the above stated remedy fails of its
essential purpose. Some jurisdictions do not permit limitations of liability for incidental or consequential
damages, so the above exclusions may not apply to you.

Privacy policy

We are in full compliancy to EU GDPR provisions, US PII encapsulated in California Consumer Privacy Act
and Nevada privacy law. To learn more about the use of personal data processing policy, You may refer
to the privacy policy of Software published on https://barkoder.com/privacy-policy.

Interruption and force majeure.

To ensure the best possible service level, the Company reserves the right to interrupt the functioning of
Software for maintenance, system updates or any other changes, informing You appropriately. Within
the limits of law, the Company may also decide to temporally suspend or terminate the Software service
altogether. If the Software service is terminated, the Company will cooperate with You to enable to
withdraw personal data or information in accordance with applicable law. Additionally, the Software
might not be available due to reasons outside the Company’s reasonable control, such as “force
majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).

Severability.

Should any provision of this EULA be deemed or become invalid or unenforceable under applicable law,
the invalidity or unenforceability of such provision shall not affect the validity of the remaining
provisions, which shall remain in full force and effect.

Survival.

Notwithstanding termination of this Agreement, you shall continue to be bound by the provisions of this
Agreement that by their nature shall survive such termination, including without limitation provisions
relating to warranties, indemnification, limitation of liability, confidentiality, and intellectual property.

Changes to EULA.

The Company reserves the right to amend or otherwise modify EULA at any time. In such cases, the
Company will appropriately inform You of these changes. Such changes will only affect the relationship
with You for the future. The continued use of the Service will signify Yours’s acceptance of the revised
EULA. If you do not wish to be bound by the changes, you must stop using the Software. Failure to
accept the revised EULA, will entitle either party to terminate the Agreement. The applicable previous
version will govern the relationship prior to Yours’s acceptance. You can obtain any previous version
from the Company. If required by applicable law, the Company will specify the date by which the
modified EULA will enter into force.

Applicable Law.
This Agreement and all other specific and additional terms which govern your use of and access to the
Software will be governed by and construed in accordance with the laws of the Republic of Bulgaria.

All disputes, arising from this contract or related to it, including those arising from or concerning its
interpretation, invalidity, performance or termination, as well as the disputes for filling gaps in this
contract or its adaptation to newly established facts, shall be referred for final resolution to the Court of
Arbitration at the Bulgarian Chamber of Commerce and Industry in compliance with its Rules for
Litigations, based on arbitration agreements.

The place of arbitration shall be Sofia, Republic of Bulgaria.