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End-User Software License Agreement

This Limited End-User Software License Agreement (the "Agreement") is a legal


agreement between you ("Licensee"), the end-user, and Aldebaran Robotics SAS
having its registered office at 168-170 Rue Raymond Losserand, 75014 Paris, France,
registered with the trade and companies register of Paris under number 483 185 807
(hereinafter "Aldebaran") for the use of the " Aldebaran Software Toolkit " ("Software").
By using this software or storing this program on a computer or robot hard drive (or
other media), you are agreeing to be bound by the terms of this Agreement. If you do
not agree to any of the terms of this agreement uninstall and delete the software from
all storage media.
ARTICLE 1 - RIGHTS GRANTED
ALDEBARAN grants to the LICENSEE a personal, non-exclusive, non-transferable, non sub-licensable
right to install and use the Software and the Documentation (if any), for the duration of the applicable
intellectual property rights.
ALDEBARAN shall have the right to make update and/or upgrade of the Software. However this
Agreement does not grant any right on any update or upgrade of the Software. In the event
ALDEBARAN provided an upgrade or upgrade of the Software which is not used by Licensee will not
benefit from warranties given by ALDABARAN within this Agreement (as far as permitted by the
applicable law).
ALDEBARAN may discontinue or change the Software, at any time or for any reason, with or without
notice. To avoid any misunderstanding it is agreed that ALDEBARAN has no right to operate a change
on the LICENSEEs device where the Software is install without its consent.
This Agreement does not grant any right to any Third-Party Software.
Some Third-Party Software may be needed to permit the Software to operate properly. Even in such
event ALDEBARAN is not granting any right on the Third-Party Software. The Third-Party Software
remains subject to the specific licenses applicable to each Third-Party Software and as described in
their related applicable documentation. Licensee shall on his owns decide to either accept or not the
applicable terms and conditions related to Third-Party Software. Licensee accepts and understands that
refusing the terms and conditions applicable to Third-Party Software may impact in whole or in part the
use of the Software.
ARTICLE 2 - OBLIGATIONS OF THE LICENSEE
LICENSEE agrees to the following:
- The LICENSEE shall strictly comply with the user instructions set forth in the Documentation;
- Even if LICENSEE keeps its right of objectively critic the Software, the LICENSEE shall not take any
action to impair the reputation of the Product, the trademarks of ALDEBARAN or its licensors and any
other product of ALDEBARAN or its licensors;
- LICENSEE shall in no event use the Software for any illegal, defaming, pornographic or detrimental
activities;
- The LICENSEE shall use the ALDEBARAN name and trademarks only in the manner prescribed by
ALDEBARAN in writing;

- The LICENSEE shall inform ALDEBARAN of any potential defects discovered when using the Product;
- The LICENSEE shall notify ALDEBARAN promptly of any legal notices, claims or actions directly or
indirectly relating to the Software against a third party and not enter into or compromise any legal action
or other proceeding relating to the Software without the prior written consent of ALDEBARAN;
- The LICENSEE shall not use, without the prior written consent of ALDEBARAN, the Software for the
benefit of third parties in any manner, and in particular:
(a) not sell, resell, lease, transfer, license or sublicense or otherwise provide the Software to any third
party, and, in a more general manner, not communicate all or part of the Software to any third party;
(b) not charge or otherwise deal in or encumber the Software;
- The LICENSEE shall not delete, remove or in any way obscure the proprietary notices, labels or marks
of ALDEBARAN or its licensors on the Software and conspicuously display the proprietary notices,
labels or marks on any copy of the Software;
- Except otherwise expressly agreed the LICENSEE shall not alter, modify, decompile, disassemble, or
reverse engineer the program code or any other part of the Software, in whole or in part, except in the
events and only to the extent expressly provided by law. However, even if the law authorizes the above
acts, LICENSEE shall give ALDEBARAN a written notice seven (7) calendar days prior to the date on
which these acts are scheduled to take place and allow a representative of ALDEBARAN to be present
during these acts;
- Except otherwise expressly agreed the LICENSEE shall not develop any other software programs or
derivative works on the basis of the Software. Any such software program or derivative work shall in no
case be sold, assigned or licensed by the LICENSEE;
- To avoid any misunderstanding it is agreed that LICENSEE shall have the right to use and exploit the
result given by the use of the software in conformity of this license agreement.
- The LICENSEE shall not use the Software for illegal purposes or in illegal manner, including in violation
of the intellectual property rights of ALDEBARAN or any third party;
- The LICENSEE shall provide ALDEBARAN promptly with any information, material, software or
specification as may reasonably be required for the proper performance of this Agreement including
access to appropriate members of the LICENSEEs staff. The LICENSEE is responsible for the
completeness and accuracy of such information, material, software or specification;
ARTICLE 3 - LIMITED WARRANTIES AND LIMITATION OF LIABILITY
3.1 ALDEBARAN warrants that it has full title and ownership to the Software. ALDEBARAN also
warrants that it has the full power and authority to enter into this agreement and to grant the license
conveyed in this Agreement. Aldebaran warrants that the use of the Software in conformity with this
Agreement will in no way constitute an infringement or other violation of any Intellectual Property of any
third party.
Should the Software give rise, or in ALDEBARAN opinion be likely to give rise to any such claim,
ALDEBARAN shall, at its option and expense, either:
(i) procure for LICENSEE the right to continue using such Aldebaran Software; or
(ii) replace or modify the Aldebaran Software so that it does not infringe the intellectual property rights
anymore; or
(iii) terminate the right of use of the Software.

Except as set out in this Agreement, all conditions, warranties and representations in relation to the
Software are excluded to the extent permitted under applicable law.
3.2 AS FAR AS PERMITTED BY THE APPLICABLE LAW:
ALDEBARAN PROVIDES THE SOFTWARE AS IS, AND DOES NOT WARRANT THAT THE USE OF
THE SOFTWARE, FUNCTIONALITY, THE OPERATION AND/OR CONTENT WILL BE:
UNINTERRUPTED, ACCURATE, COMPLETE, FREE FROM ANY SOFTWARE VIRUS OR OTHER
HARMFUL COMPONENT.
ALDEBARAN DOES NOT WARRANT THE INTERNAL CHARACTERISTICS, THE COMPATIBILITY FO
THE SOFTWARE WITH OTHER SOFTWARE, THE ACCURACY, ADEQUACY, OR COMPLETENESS
OF SOTWARE AND ITS RESULT AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS.
ALDEBARAN DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS
OR IMPLIED, INCLUDING THOSE OF PERFORMANCE OR MERCHANTABILITY OR RELIABILITY
USEFULNESS OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE
AND ITS RESULTS.
3.3 IN NO EVENT WILL ALDEBARAN BE LIABLE FOR ANY DAMAGES (INCLUDING WITHOUT
LIMITATION DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, COST OF PROCURING SUBSTITUTE SERVICES, LOST PROFITS, LOSS OF DATA,
LOSSES, OR OTHER EXPENSES) ARISING IN CONNECTION WITH THE PROVISION OR USE OF
THE SOFTWARE, RELATED SERVICES OR INFORMATION PROVIDED PURSUANT TO THIS
AGREEMENT, REGARDLESS OF WHETHER SUCH CLAIMS ARE BASED ON CONTRACT, TORT,
STRICT LIABILITY, OR OTHERWISE, OR WHETHER PROVIDER HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES.
WITHOUT LIMITING THE FOREGOING, THIS LIMITATION OF LIABILITY INCLUDES, BUT IS NOT
LIMITED TO, THE UNAVAILABILITY OF THE APPLICATION(S), UNAUTHORIZED ACCESS, ANY
FAILURE OF PERFORMANCE, INTERRUPTION, ERROR, OMISSION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR SYSTEM FAILURE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR ANY STATUTE OR
RULE OF LAW TO THE CONTRARY, SUBJECT TO THIS ARTICLE, ALDEBARANS CUMULATIVE
LIABILITY FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,
WHETHER DIRECTLY OR INDIRECTLY, SHALL NOT EXCEED ALL FEES PAID TO ALDEBARAN BY
THE LICENSEE FOR THE USE OF THE SOFTWARE. IN THE EVENT THE SOFTWARE IS GRANTED
FOR FREE TO THE LICENSEE, ALDEBARANS CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING
OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER DIRECTLY OR INDIRECTLY,
SHALL NOT EXCEED 100 (ONE HUNDRED EUROS).
WHENEVER THE ABOVE SECTIONS ARE NOT APPLICABLE UNDER THE APPLYING LAW
ALDEBARAN AS SOLE REMEDY SHALL AT ITS OPTION AND EXPENSE EITHER (I) REPAIR THE
DEFECTIVE OR INFRINGING SOFTWARE, OR (II) REPLACE THE DEFECTIVE OR INFRINGING
SOFTWARE, OR (III) REIMBURSE THE FEE PAID TO ALDEBARAN FOR THE DEFECTIVE OR
INFRINGING SOFTWARE. THESE REMEDIES ARE EXCLUSIVE OF ANY OTHER REMEDIES AND
ANY OTHER WARRANTY IS EXCLUDED.
ANY INDEMNIFICATION BY ALDEBARAN UNDER THIS WARRANTY IS EXCLUDED IF THE CLAIM
IS BASED UPON (I) A MODIFIED VERSION OF THE SOFTWARE FOR WHICH THE CHANGES HAVE
NOT BEEN EXPRESSLY AUTHORIZED OR VALIDATED BY ALDEBARAN, OR (II) A COMBINATION,
INSTALLATION OR USE OF ANY SOFTWARE COMPONENT EMBEDDED IN THE NAO ROBOT
WITH ANY OTHER ELEMENT, MATERIAL OR ITEM THAT IS NOT EXPRESSLY PROVIDED BY
ALDEBARAN FOR COMBINATION, INSTALLATION OR USE WITH THE SOFTWARE,

OR (III) A COMBINATION, INSTALLATION OR USE OF THE SOFTWARE WITH ANY OTHER


ELEMENT, MATERIAL OR ITEM THAT IS NOT EXPRESSLY AUTHORIZED BY ALDEBARAN FOR
COMBINATION, INSTALLATION OR USE WITH THE SOFTWARE, OR (IV) ANY OTHER FAULT OR
NEGLIGENCE OF LICENSEE OR A THIRD PARTY.
This warranty does not cover incorrect installation or use by any third party; misuse of the Software
voids the warranty.
The Third-Party Software is warranted only as provided in the specific licenses applicable to each.
ARTICLE 4 - INTELLECTUAL PROPERTY
ALDEBARAN is the owner or licensee of the Software. Title, copyright and any other proprietary and
intellectual property right in the Software shall remain vested in ALDEBARAN or its licensors. The rights
granted to the LICENSEE under this Agreement do not transfer to the LICENSEE title or any proprietary
or intellectual property rights to the Software and do not constitute a sale of such rights;
ALDEBARAN shall retain the ownership of all rights in any inventions, discoveries, improvements, ideas,
techniques or know-how embodied conceived by ALDEBARAN under this Agreement, including, without
limitation, its methods of work, programs, methodologies and related documentation, including any
derivative works of software code developed by ALDEBARAN in the course of performing this
Agreement as well any knowledge and experience of ALDEBARANs directors, staff and consultants.
ARTICLE 5 COLLECTION AND USE OF PERSONAL INFORMATION
Privacy of the Licensee is important to ALDEBARAN. Therefore ALDEBARAN is not collecting any
personal data except as expressly agreed by the Licensee.
ALDEBARAN will abide any applicable law, rules, or regulations relating to the privacy of personal
information. Such data shall only be used for the purposes for which it was provided. Licensee
understands that Third Party software may have their own privacy policy which may be less secure than
the Aldebarans privacy policy.
ALDEBARAN will do its best to ensure that any personal data which may be collected from the Licensee
will remain confidential.
Licensee hereby agrees and consents that the following data maybe collected by ALDEBARAN in order
permit a network-enhanced services, improve the general quality and/or functionality of its products
and/or software, permit development of new version of its products and/or software, fix bug or defect,
develop patch and other solution, permit to install new version, update or upgrade, monitor and/or permit
the maintenance of Aldebaran products and/or software:
Crash reporting, robot ID, robot health metrics, hardware-specific preferences, application install history,
user preferences.
Licensee expressly consents that Aldebaran may generate statistical data from the information provided
through the Software without identifying Licensee.
Licensee understands and agrees that, within the course of the use of the software, some voice data
and/or video data could transit through ALDEBARAN and/or other third party network.
ARTICLE 6 - NO TRANSFER OR ASSIGNMENT
In no event shall LICENSEE sublicense, assign or otherwise transfer all or part of its rights and
obligations under this Agreement to any third party. Any such sublicensing, assignment or transfer shall
be null and void, unless expressly agreed to by ALDEBARAN in writing.
ARTICLE 7 - MISCELLEANEOUS

Termination. Either party may terminate this Agreement without advance notice. In case of breach of this
Agreement by the Licensee, the authorization to access and use the Software will automatically
terminate absent Aldebaran's written waiver of such breach.
Survival. To the extent applicable, the following articles shall survive the termination, cancellation,
expiration, and/or rescission of this Agreement: Articles 3.3, 4, 5, 7 and any provision that expressly
states its survival and/or are necessary for the enforcement of this Agreement.
Headings. The headings referred to or used in this Agreement are for reference and convenience
purposes only and shall not in any way limit or affect the meaning or interpretation of any of the terms
hereof.
Severability. If any of the provisions of this Agreement are held or deemed to be invalid, illegal or
unenforceable, the remaining provisions of this Agreement shall be unimpaired, and the invalid, illegal or
unenforceable provision shall be replaced by a mutually acceptable provision, which being valid, legal
and enforceable, comes closest to the intention of the Parties underlying the invalid, illegal or
unenforceable provision.
Waiver. Any failure or delay by either Party in exercising its right under any provisions of the Agreement
shall not be construed as a waiver of those rights at any time now or in the future unless an express
declaration in writing from the Party concerned.
Governing law and Jurisdiction. Parties agree that all matters arising from or relating to the Software and
this Agreement, shall be governed by the laws of France, without regard to conflict of laws principles. In
the event of any dispute between the Parties, the Parties agreed to meet to discuss their dispute before
resorting to formal dispute resolution procedures.

BY CLICKING "AGREE", YOU AS LICENSEE ACKNOWLEDGE THAT YOU HAVE


READ, UNDERSTAND AND ACCEPT THIS LIMITED END-USER SOFTWARE
LICENSE AGREEMENT.
BY CLICKING AGREE YOU AS LICENSEE AGREE TO BE BOUND BY ALL OF ITS
TERMS AND CONDITIONS OF THIS LIMITED END-USER SOFTWARE LICENSE
AGREEMENT.
IF YOU AS A LICENSEE DO NOT AGREE TO ANY TERMS AND CONDITIONS, OF
THIS LIMITED END-USER SOFTWARE LICENSE AGREEMENT DO NOT INSTALL
OR USE THE SOFTWARE AND CLICK ON DISAGREE. By CLICKING ON
DESAGREE YOU WILL NOT BE ABLE TO USE THE SOFTWARE.

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