End User License Agreement

Introduction

By accessing or using the ATEK Platform, ATEK Content, or any related software or services, you ("Client") acknowledge that you have read, understood, and agree to be bound by this End User License Agreement ("EULA"). If you are accepting on behalf of an organization, you represent that you have the authority to bind that organization to these terms.

This EULA should be read in conjunction with the ATEK Terms & Conditions, Service Level Agreement, Confidentiality & Non-Disclosure, Privacy Policy, Cookie Policy, and Data Processing Agreement, which together form the complete agreement between you and ATEK (10007668 CANADA INC., 5490 Boulevard Thimens, Office 240, St-Laurent, Quebec, H4R 2K9, Canada).

1. Definitions

1.1. "Platform"

the web application provided by ATEK allowing data consultation, alert configuration, and report generation.

1.2. "ATEK Content"

all software, data, text, audio, video, images, documentation, algorithms, models, and other content owned by or licensed to ATEK and made available through the Platform.

1.3. "Content"

software, data, text, audio, video, images, or other content.

1.4. "Your Content"

all Content that the Client or any user under the Client's account uploads, posts, transmits, stores, or otherwise makes available on or through the Platform.

1.5. "Data"

all information collected, generated, or processed by the Sensors and the Platform, including environmental measurements, alerts, reports, and activity logs.

1.6. "Primary Administrator"

the person appointed by the Client as the main point of contact and technical manager for all Platform users.

1.7. "Group Administrators"

persons authorized to manage users and configurations for a specific group of Equipment.

1.8. "Users"

persons authorized by the Client to access and use the Platform according to different privilege levels.

2. License Grant and Access to the Platform

2.1. Subject to the Client's compliance with this EULA, the Terms & Conditions, and full, timely payment of all applicable Fees, ATEK grants the Client a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform, ATEK Content, and Services solely for the Client's internal business purposes during the term of the subscription.

2.2. ATEK provides the Client with access to the Platform throughout the duration of the contract, allowing:

• Real-time visualization of Sensor data
• Configuration of alert thresholds and notifications
• Generation of customizable reports
• Management of users and their access rights

2.3. Access to the Platform is provided as an online service (SaaS) accessible via a compatible web browser, without requiring the installation of specific software on the Client's equipment.

2.4. ATEK will assign initial login credentials to the Client for the Primary Administrator, who will then be responsible for creating and managing the accounts of other users.

2.5. All licenses granted under this EULA are conditional on the Client's continued compliance with this EULA and all related agreements, and will immediately and automatically terminate if the Client does not comply with any term or condition hereof.

3. User Management

3.1. The Client is responsible for managing its users according to the following hierarchical structure:

• The Primary Administrator, having all administration rights on the Client's account
• Group Administrators, able to manage a subset of Equipment and users
• Standard Users, having limited access rights defined by administrators

3.2. The Client undertakes to keep its user list up to date and to immediately deactivate the accounts of persons no longer needing access to the Platform.

3.3. The Client is fully responsible for all activities carried out with its users' credentials and must ensure that each user complies with this EULA.

4. Restrictions on Use

4.1. The Client may not, and may not attempt to:

• (a) Modify, alter, tamper with, repair, or otherwise create derivative works of any software included in the Platform or ATEK Content
• (b) Reverse engineer, disassemble, decompile, or otherwise derive the source code
• (c) Access or use the Services in a way intended to avoid incurring Fees or exceeding usage limits
• (d) Resell or sublicense the Services
• (e) Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purpose the Services, the ATEK Content, or the Platform
• (f) Remove, modify, or obscure ATEK's trademarks, logos, or proprietary notices

4.2. The Client agrees to use the Platform and Services only for lawful purposes.

5. Intellectual Property

5.1. ATEK's Intellectual Property

5.1.1. ATEK remains the holder of all intellectual property rights relating to the Sensors, the Platform, and any associated documentation. No rights are granted to the Client hereunder other than as expressly set forth in this EULA.

5.1.2. The Client acquires only a limited, non-exclusive, and non-transferable right to use the Sensors and the Platform during the term of the contract.

5.1.3. The Platform, including its architecture, algorithms, source code, data structures, and proprietary processes, constitutes trade secrets of ATEK.

5.1.4. ATEK, the ATEK logo, and all related names, logos, product and service names, designs, and slogans are trademarks of ATEK or its affiliates.

5.2. Ownership of Client Data

5.2.1. The Data collected by the Sensors and processed by the Platform belongs to the Client.

5.2.2. ATEK may use this Data only for the execution of the contract and to improve its services, in accordance with the provisions of Section 5.4.

5.2.3. ATEK undertakes not to disclose the Client's Data to third parties, except:

• With the prior consent of the Client
• Upon request from a judicial or administrative authority
• As part of anonymized and aggregated processing for statistical purposes

5.3. Client Representations and License to ATEK

5.3.1. The Client grants ATEK the irrevocable, worldwide, nonexclusive, assignable, sublicensable right to use, copy, distribute, display, perform, and disclose the Client's Content solely for: providing the Services, complying with governmental requests, and running statistical analyses or internal research.

5.3.2. The Client represents and warrants that it owns all right, title, and interest in its Content and has the authority to grant these rights.

5.4. Rights on Aggregated Data

5.4.1. The Client expressly grants ATEK the right to use, in an anonymized and aggregated manner, the Data collected via its systems and Sensors for:

• Improvement of its products and services
• Development of predictive algorithms and AI models
• Creation of sectoral benchmarks and performance indicators
• Production of statistical studies and research
• Development of new features and services
• Training of machine learning models
• Publication of sectoral reports and trend analyses

5.4.2. ATEK undertakes that any use will be carried out with respect for the Client's confidentiality and that the Data will be sufficiently anonymized so that no confidential or sensitive information of the Client can be identified or traced.

5.4.3. Any publication or commercialization by ATEK from this aggregated Data will not require prior authorization or financial compensation.

5.4.4. This right survives termination or expiration of the contract indefinitely.

5.4.5. The Client certifies that it has all necessary rights to grant this license.

5.5. Suggestions and Feedback

5.5.1. If the Client provides suggested improvements or feedback, the Client grants ATEK a nonexclusive, irrevocable, perpetual, worldwide, royalty-free license to use, commercialize, modify, and incorporate such suggestions without obligation of compensation or attribution.

6. Data Extraction and Retention

6.1. The Client can export its Data at any time during the contract via the Platform's export features.

6.2. Upon expiration or termination, ATEK retains Data for sixty (60) days for the Client to request a copy.

6.3. After this period, ATEK may permanently delete all Client Data without further notice.

7. Confidentiality

7.1. All confidentiality obligations between the Parties are governed exclusively by the separate ATEK Non-Disclosure Agreement (NDA). The Client acknowledges that the NDA forms an integral part of the overall agreement.

8. Platform Updates and Evolutions

8.1. ATEK regularly provides Platform updates including bug fixes, security improvements, performance optimizations, and new features.

8.2. These updates are deployed automatically and generally do not require Client intervention.

8.3. ATEK reserves the right to modify, add, or remove certain features of the Platform, provided that these modifications do not substantially affect the essential features subscribed to by the Client.

9. Third-Party Components

9.1. The Platform may incorporate third-party software, libraries, or components subject to separate license terms.

9.2. The Client's use of any third-party components is subject to the applicable third-party license terms in addition to this EULA.

10. Survival

10.1. Any provision of this EULA that by its nature extends beyond termination shall survive such termination and shall remain in effect and enforceable.