INCISOR® END USER LICENSE AND TERMS OF USE AGREEMENT

Last Modified: October 4th, 2024

IMPORTANT NOTICE:

THIS AGREEMENT HAS A BINDING ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, AND A

JURY TRIAL WAIVER, WHICH AFFECT YOUR RIGHTS IN RESOLVING ANY DISPUTE BETWEEN YOU

AND INCISOR. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCEPTING IT AND

INSTALLING OR USING INCISOR’S PLATFORM.

Incisor® is an application development platform as a service (“Platform”) which

helps you build high-quality interactive applications and game products. The

Platform bundles together our proprietary Software, including Third-Party

Materials (each defined below), which can be used to create light apps that

operate on any browser without plugins or custom requirements.

This Incisor® End User License and Terms of Use Agreement (this “Agreement”) is

a contract between you (“you” or “your”) and Incisor Inc. (“Incisor,” “we,”

“us,” or “our”) governing the license and acceptable use of the Platform which

includes our Software.

INCISOR OFFERS THE PLATFORM ON THE TERMS AND CONDITIONS (“T&Cs”) IN THIS

AGREEMENT. BEFORE YOU USE THE PLATFORM, YOU MUST ACCEPT AND AGREE TO FOLLOW

THESE T&CS. YOU MUST ALSO AGREE TO THE SEPARATE TERMS OF USE OF ANY THIRD-PARTY

LICENSES (WHICH WE DEFINE BELOW) INCLUDED WITHIN OUR PLATFORM. FINALLY, YOU MUST

ALSO READ AND AGREE TO OUR PRIVACY POLICY, AVAILABLE ON OUR WEBSITE HERE:

https://www.incisordev.com/privacy.

WHEN YOU CLICK THE “I AGREE” BUTTON ON OUR PLATFORM, YOU: (1) AGREE THAT YOU ARE

LEGALLY BOUND BY THE T&CS IN THIS AGREEMENT; (2) ACCEPT ANY THIRD-PARTY LICENSES

WHICH ARE INCLUDED IN THE PLATFORM; AND (3) PROMISE THAT (A) YOU ARE OF LEGAL

AGE TO ENTER INTO A BINDING AGREEMENT, AND (B) YOU HAVE THE RIGHT, POWER, AND

AUTHORITY TO ENTER INTO THIS AGREEMENT, INCLUDING ON BEHALF OF AN ENTITY. IF YOU

DO NOT AGREE TO THE T&CS OF THIS AGREEMENT AND THE TERMS OF ANY THIRD-PARTY

LICENSES, YOU DO NOT HAVE THE LEGAL RIGHT TO DOWNLOAD OR USE THE PLATFORM.

Important Definitions: As you read through this Agreement, you will find the

following terms which we are defining here:

“Authorized Users” means only those individuals with the license to use the

Platform, as allowed under the T&Cs of this Agreement.

“Compiled Code” means the JavaScript (regardless of whether it remains in its

original form), object code, binary code, or executables which have been

compiled, organized, and packaged by Incisor into the Software (including any

past and future versions made available to you by us under this Agreement),

which originates from our proprietary Source Code or from Third-Party Materials.

“Documentation” means the user manuals, handbooks, and installation guides

relating to the Platform provided by Incisor to you electronically, including

any Third-Party Materials and any documentation relating to the Platform

available on Incisor’s website at https://www.incisordev.com/ and

https://www.incisordevdocumentation.com/.

“Fees” means the fees, if any, paid by you to Incisor for the license granted

under this Agreement. Fees are set by Incisor for each Subscription Level, in

our sole discretion, may be changed at any time, AND ARE NON-REFUNDABLE, EXCEPT

AS REQUIRED BY APPLICABLE LAW. We may choose, at our discretion, to waive Fees

altogether for any “Beta” or “Free” versions of the Platform.

“Incisor Marks” means our proprietary trademarks, trade names, branding, or

logos made available for use in connection with the Platform, Software, and

Documentation under this Agreement.

“Intellectual Property Rights” means any and all registered and unregistered

rights granted, applied for, or in existence (whether now or in the future)

under or related to any patent, copyright, trademark, trade secret, database

protection, or other intellectual property rights laws, and all similar or

equivalent rights or forms of protection, in any part of the world.

“Person” means an individual, corporation, partnership, joint venture, limited

liability company, governmental authority, unincorporated organization, trust,

association, or other entity.

“Software” is part of the Platform and means the proprietary computer software

program known as Incisor® licensed to you from Incisor under the T&Cs of this

Agreement, including any Updates we provide to you under this Agreement, all

Compiled Code and related Incisor content, and any permitted Third-Party

Materials copied to your computer when you install Incisor®, including, but not

limited to, JavaScript, dynamic linked libraries, executables, Documentation,

samples, and other related data and files. The Software expressly excludes any

and all Source Code.

“Source Code” means the human readable form of a software program, including all

modules it has, plus any associated interface definition files, scripts used to

control compilation, and installation of an executable.

“Subscription Level” means the access to the Platform and functionality that

varies by the level of your subscription based on the Fees charged by Incisor

for your use of the Platform, which may include additional services for

additional Fees.

“Term” means, as it relates to the duration of this Agreement and the license we

grant you (including for Third-Party Materials), the period that starts when you

acknowledge your acceptance of this Agreement by clicking the “I AGREE” button

and continues in effect until terminated under Section 11 of this Agreement.

“Third-Party” means any Person, other than you or Incisor.

“Third-Party Marks” means the proprietary trademarks, trade names, branding, or

logos of any Third-Party made available for use in connection with your use of

our Platform and the Documentation under this Agreement.

“Updates” means any modifications, additional functionality, bug fixes, patches,

or any error corrections to the Platform that Incisor generally makes available

free of charge to all users.

“Your Applications” means any applications, software, content, data, or

materials developed by you using the Platform and Documentation.

1. License Grant and Scope. When you comply with the T&Cs of this Agreement and

pay the Fees, if any, required by your Subscription Level, Incisor grants you

and your Authorized Users, if any, a non-exclusive, non-sublicensable,

non-transferable (except in compliance with Section 19(h)), revocable, limited,

worldwide license, during the Term, to:

(a) Based on the Documentation, download and install, one copy of the Software

on each of your chosen computers authorized by your Subscription Level. Incisor

limits the number of computers you can run the Platform on at any given time.

Depending on your Subscription Level, if you exceed your allotted device limits,

Incisor will log your device out on a “first in, first out” basis. All copies of

the Software made by you:

(i) are the exclusive property of Incisor;

(ii) are subject to the T&Cs of this Agreement; and

(iii) must include all Incisor Marks and trademark, copyright, patent, and

other Intellectual Property Rights notices included in the original Platform,

including the Software.

(b) Use and run the Software as properly installed and following the

Documentation and T&Cs only to develop Your Applications.

we may specify from time to time only in connection with the use of the

Platform, including the Software, and Your Applications. You may only use the

Platform, including the Software, in connection with Your Applications and not

in connection with the advertising, promotion, distribution, or sale of any

other products or services.

(d) Display certain Third-Party Marks in compliance with the usage guidelines of

any Third-Party.

(e) Download or otherwise make one copy of the Documentation and use such

Documentation, only in support of its licensed use of the Platform under this

Agreement. All copies of the Documentation made by you:

(i) are the exclusive property of Incisor or the respective Third-Party;

(ii) are subject to the T&Cs of this Agreement and the terms of use of any

Third-Party Licenses; and

(iii) must include all Intellectual Property Rights notices included in the

original Documentation.

2. Third-Party Materials and Licenses. The Platform includes software, content,

data, applications, or other materials, including related Documentation

(together “Materials”), that are owned by Third-Parties. We provide you access

to these Third-Party Materials on terms that are in addition to and/or different

from the T&Cs in this Agreement (“Third-Party Licenses”). A list of all

Third-Party Materials included in the Platform and provided under Third-Party

Licenses can be found in the Software installation directory. You can also find

the Third-Party Licenses and access to each of their respective links on

Schedule A to this Agreement. You are bound by and must follow all Third-Party

Licenses. Any breach by you or any of your Authorized Users or end users of any

Third-Party License is also a breach of this Agreement.

3. Restrictions on Use. Unless allowed by the T&Cs of this Agreement, you will

not and will require your Authorized Users not to, directly or indirectly:

(a) use (including make any copies of, in whole or in part) the Platform,

Software, or Documentation;

(b) change, translate, adapt, or otherwise create derivative works or

improvements, whether or not patentable, of all or any part of the Platform,

Software, or Documentation;

services, or materials not authorized by Incisor;

(d) reverse engineer, disassemble, decompile, decode, or otherwise attempt to

work around, derive, or gain access to the Source Code of the Software, in whole

or in part;

(e) manipulate or attempt to manipulate your Subscription Level or the

restriction on the number of devices on which you may use the Platform;

(f) remove, delete, change, or obscure any Incisor Marks or any copyright,

trademark, patent, or other intellectual property or proprietary rights notices

provided on or with the Platform, Software, or Documentation (including any

copies);

(g) rent, lease, lend, sell, licensee, sublicense, assign, distribute, publish,

transfer, or otherwise make available the Platform or Software, or any features

or functionality of the Platform or Software, to any Third-Party for any reason,

whether or not over a network or on a hosted basis, including in connection with

the internet or any web hosting, wide area network (WAN), virtual private

network (VPN), virtualization, time-sharing, service bureau, software as a

service, cloud, or other technology or service;

(h) use the Platform, Software, or Documentation in, or in association with, the

design, construction, maintenance, or operation of any hazardous environments or

regulated industries or systems, including:

(i) to create core logic functionality in gambling games or games of chance or

to create any aspect of gambling games or games of chance which could be loaded

onto electronic gaming machines within a physical gaming establishment for

“in-person” wagers. However, depending on your Subscription Level, we may permit

you to use the Platform, Software, and Documentation in Your Applications for

strictly presentational and visual components of software made for online

gambling games or games of chance;

(ii) power generation systems;

(iii) aircraft navigation or communication systems, air traffic control

systems, or any other transport management systems;

(iv) safety-critical applications, including medical or life-support systems,

vehicle operation applications, or any police, fire, or other safety response

systems; and

(v) military or aerospace applications, weapons systems, or environments;

(i) design or allow Your Applications to disable, override, or otherwise

interfere with any Incisor-implemented communications to end users, consent

screens, user settings, alerts, warning, or the like;

(j) attempt to cloak or conceal your identity or the identity of Your

Applications when requesting authorization to use the Platform and Software;

(k) use the Platform, Software, or Documentation in violation of any law,

regulation, or rule;

(l) use the Platform, Software, or Documentation for purposes of competitive

analysis of the Platform or Software, the development of a competing software

product or service, or any other purpose that is to our commercial disadvantage.

4. Non-Compatible Licenses. You will not, and will not allow any Authorized

User or any other Third-Party to, combine, distribute, or otherwise use all or

any part of the Platform with any code or other content or material covered by a

license (“Non-Compatible License”) that would require in any way all or any part

of the Platform to be governed under any terms other than the T&Cs of this

Agreement. For the avoidance of doubt, Non-Compatible Licenses include any of

the following licenses: GNU General Public License (GPL), Lesser GPL (LGPL)

(unless you are merely dynamically linking a shared library), or Creative

Commons Attribution-ShareAlike License.

5. Responsibility for Use of the Platform; Your Applications; Incisor Marks.

(a) You are responsible and fully liable for all uses of the Platform, Software,

and Documentation through access provided by you, including anything you program

or build, such as Your Applications. Specifically, you are responsible and fully

liable for all actions and failures to take required actions with respect to the

Platform, Software, and Documentation by your Authorized Users or by any other

Person to whom you or an Authorized User may provide access to or use of the

Platform Software, and/or Documentation, whether such access or use is allowed

by or in violation of this Agreement.

(b) To use the Platform, you are required to register and create an Incisor

account. When you create an Incisor account, you agree to provide accurate and

correct information to us. You and your Authorized Users, if any, are

responsible for keeping your passwords and access credentials associated with

the Platform confidential. You will not sell or transfer them to any other

person or entity. You will promptly tell us about any unauthorized access to

your passwords or access credentials.

with or to promote any products, services, or materials that make up, promote,

or are used primarily for the purpose of dealing in spyware, adware, or other

malicious programs or code, counterfeit goods, items subject to U.S. embargo,

unsolicited mass distribution of email (“spam”), multi-level marketing

proposals, hate materials, hacking, surveillance, interception, or descrambling

equipment, libelous, defamatory, obscene, pornographic, abusive, or otherwise

offensive content, stolen products, and items used for theft, hazardous

materials, or any illegal activities or regulated activities in any highly

regulated industry under any federal, state, municipal, county, local, or tribal

law.

(d) You agree to monitor the use of Your Applications for any activity that

violates applicable laws, rules, and regulations or any T&Cs of this Agreement,

including any fraudulent, inappropriate, or potentially harmful behavior, and

promptly restrict any offending users of Your Applications from further use of

Your Applications. You agree to provide a resource for users of Your

Applications to report abuse of Your Applications. As between you and us, you

are responsible for all acts and omissions of your end users in connection with

Your Application and their use of our Software and/or Documentation, if any. You

agree that you are responsible for posting any privacy notices and getting any

consents from your end users required under applicable laws, rules, and

regulations for their use of Your Applications.

(e) All use by you of the Incisor Marks will follow any usage guidelines that we

may specify or amend from time to time. You agree that your use of the Incisor

Marks in connection with this Agreement will not create any right, title, or

interest in or to the Incisor Marks in favor of you, and all goodwill associated

with the use of the Incisor Marks will inure to the benefit of Incisor.

(f) If Your Applications developed under this Agreement include credits and

attributions, you must display the following notices:

“[Your Application Name] was made using Incisor®. Incisor® is a trademark or

registered trademark of Incisor Inc. in the United States of America and

elsewhere.”

(g) You must also display the requisite notices for any Third-Party Materials

included in the Third-Party Licenses which can be found in Software installation

directory and Schedule A.

6. Compliance Measures.

(a) The Platform has technological copy protection and other security features

designed to prevent unauthorized use of the Platform, including features to

protect against any use of the Platform that is prohibited under the T&Cs of

this Agreement. Incisor will receive a notice from the Platform if you are

exceeding your license, allowed devices, or taking any other steps incompatible

with this Agreement. You must not and must not attempt to remove, disable,

circumvent, or otherwise create or implement any workaround to, any such copy

protection or security features.

(b) At any time during the Term if you discover any noncompliance with this

Agreement by either you or your Authorized Users, you must immediately remedy

such noncompliance and provide us with written notice that you cured such

noncompliance. You will provide us with all access and assistance as we request

to further evaluate and remedy such noncompliance.

audit your use of the Platform and Software to ensure your compliance with this

Agreement. We also may, in our sole discretion, audit your systems after the end

of the Term to ensure you have stopped using the Platform and Software and

removed all copies of the Platform and Software from such systems as required.

You will fully cooperate with Incisor’s personnel conducting such audits and

provide all reasonable access requested by us to records, systems, equipment,

information, and personnel, including machine IDs, serial numbers, and related

information. We will only examine information directly related to your use of

the Platform and Software.

(d) If any of the measures taken or implemented under this Section 6 discover

that your use of the Platform exceeds or exceeded the use allowed by this

Agreement, then we may do any of the following, in our sole discretion:

(i) If the use exceeds or exceeded the use allowed by this Agreement, we will

require you to pay to us, within five (5) days after the date of our written

request, our reasonable costs incurred in conducting any audit.

(ii) If the use exceeds or exceeded the use allowed by this Agreement, we

will also have the right to terminate this Agreement and the license granted

under this Agreement, effective immediately on written notice to you.

(iii) Disable your access to the Platform and Your Applications;

(iv) Report, file, or make claims against Your Applications which we

reasonably believe exceed the scope of this license.

Incisor’s remedies under this Section 6(d) are cumulative and are in addition

to, and not in lieu of, all other legal or equitable remedies Incisor may have

under this Agreement or otherwise.

7. Maintenance and Updates.

(a) We may, in our sole discretion, but are not obligated to, develop and

provide Updates to the Platform or for any particular issues. You also agree

that all Updates will be treated as Software, and related documentation will be

treated as Documentation, all subject to all T&Cs of this Agreement. You

acknowledge that if we choose to develop Updates, we may provide some or all

Updates via download from a website chosen by us (or any other media at our

discretion), which will require you, at your responsibility, to have an internet

connection. Updates, if any, do not include any new version or new release of

the Platform that we may issue as a separate or new product, and we may decide

whether any issuance qualifies as a new version, new release, or Update, in our

sole discretion.

(b) We will not under any circumstances provide maintenance and services,

including Updates:

(i) for any versions of the Platform, including Software, no longer supported;

(ii) for any copy of the Platform for which all previously issued Updates

have not been installed;

(iii) if you are in breach under this Agreement; or

(iv) for any Software that has been modified other than by or with our

authorization, or that is being used with any hardware, software, configuration,

or operating system not specified in the Documentation or expressly authorized

by us in writing.

8. Collection and Use of Information.

(a) You acknowledge that we may (including through any Third-Parties), collect

and store information about any use of the Platform and about equipment on which

the Platform is installed or accessed and used, through:

(i) your creation of an account with us and download and installation of the

Platform;

(ii) the provision of maintenance and Updates under Section 7; and

(iii) security measures included in the Platform as described in Section 6.

(b) You agree that we may use such information for any purpose related to any

use of the Platform by you or on your equipment, including, but not limited to:

(i) improving the performance of the Platform or developing Updates; and

(ii) verifying your compliance with the T&Cs of this Agreement and enforcing

our rights, including all Intellectual Property Rights in and to the Incisor

Marks and Platform and Software.

any of your Authorized Users or agents. By accessing, using, and providing

information to or through the Platform, Incisor, or any Third-Parties, you

consent to all actions taken by us with respect to your information in

compliance with the then-current version of our privacy policy, available at

https://www.incisordev.com/privacy.

9. Intellectual Property Rights; Feedback.

(a) You acknowledge and agree that the Platform, including the Software, and the

Documentation are provided under license, and not sold, to you. You do not

acquire any ownership interest or rights in the Platform, Software, or

Documentation under this Agreement, other than to use the Platform, Software, or

Documentation under the license granted and subject to all T&Cs and restrictions

under this Agreement. Incisor and its Third-Party licensors and service

providers reserve and retain their entire right, title, and interest in and to

the Platform, Software, Documentation, and all Intellectual Property Rights

arising out of or relating to the Platform, Software, and Documentation, except

as expressly granted to you in this Agreement. You acknowledge that, as between

you and us, (i) we own all right, title, and interest, including all

Intellectual Property Rights, in and to our Platform, Software, Documentation,

and the Incisor Marks, and (ii) you own all right, title, and interest,

including all Intellectual Property Rights, in and to Your Applications,

excluding the previous rights in Section 9(a)(ii) above (which includes, for the

avoidance of doubt, all of our Intellectual Property Rights in and to every

aspect of our Platform, Software, Documentation, and the Incisor Marks, which

may be compiled into Your Applications through the license granted to you under

this Agreement) and any right, title, and interest of our Third-Party licensors

and service providers.

(b) You must use your best efforts to safeguard the Platform, all Software and

Documentation (including all copies), and the Incisor Marks from infringement,

misappropriation, theft, misuse, or unauthorized access. You must promptly tell

us if you become aware of any infringement of our Intellectual Property Rights

in the Platform, Software, Documentation, and/or the Incisor Marks and fully

cooperate with us in any legal action we take to enforce our Intellectual

Property Rights.

communications or materials to us by mail, email, telephone, or otherwise,

suggesting or recommending changes to the Platform and/or Software, including,

without limitation, new features or functionality, or any comments, questions,

suggestions, or the like (“Feedback”), all such Feedback is and will be treated

as non-confidential. You assign to us on your behalf, and on behalf of your

Authorized Users and agents, all right, title, and interest in, and we are free

to use, without any attribution or payment to you or any Third-Party, any ideas,

know-how, concepts, techniques, or other intellectual property rights in the

Feedback, for any purpose whatsoever, although we are not required to use any

Feedback.

10. Fees and Taxes.

(a) All Fees are payable in U.S. Dollars in advance under any order and all

sales are final and non-refundable except as required by law. Any renewal of the

license under this Agreement will not be effective until the Fees for such

renewal have been paid in full.

(b) You will be responsible for all sales, use, and excise taxes, and any other

similar taxes, duties, and charges of any kind imposed by any federal, state, or

local governmental entity on any Fees payable under this Agreement, excluding

any taxes imposed on Incisor’s income, revenues, gross receipts, personnel, or

real or personal property or other assets.

11. Termination.

(a) You may terminate this Agreement by ceasing to use, uninstalling, and

destroying all copies of the Platform, Software, and Documentation.

(b) We may terminate this Agreement, effective on written notice to you, if you

breach this Agreement and your breach can’t be cured, or if it can be cured,

remains not cured by you for five (5) days after we provide written notice to

you of your breach.

a Person files against you, a petition for voluntary or involuntary bankruptcy

or under any other insolvency law, make or seek to make a general assignment for

the benefit of your creditors or apply for, or consent to, the appointment of a

trustee, receiver, or custodian for a substantial part of your property.

(d) At the end of this Agreement, the license granted under this Agreement will

also terminate, and you must stop using, uninstall, and destroy all copies of

the Platform, Software, and Documentation. Even if this Agreement ends, you will

still be obligated to pay all Fees that may have become due prior to termination

or expiration. Any T&Cs of this Agreement that by their nature are intended to

continue beyond the termination or expiration of this Agreement will survive

termination. Termination will not limit any of Incisor’s legal or equitable

rights or remedies.

12. Disclaimer of Warranties. THE PLATFORM, WHICH INCLUDES THE SOFTWARE, AND THE

DOCUMENTATION ARE PROVIDED TO YOU “AS IS,” “WHERE IS,” AND WITH ALL FAULTS AND

DEFECTS. INCISOR OFFERS NO WARRANTY OF ANY KIND WHATSOEVER. TO THE GREATEST

EXTENT ALLOWED UNDER APPLICABLE LAW, INCISOR, ON ITS OWN BEHALF AND ON BEHALF OF

ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS,

EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR

OTHERWISE, WITH RESPECT TO THE PLATFORM, SOFTWARE, AND DOCUMENTATION, INCLUDING

ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,

TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF

DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. INCISOR ALSO PROVIDES

NO WARRANTY OR UNDERTAKING AND MAKES NO REPRESENTATION OF ANY KIND THAT THE

PLATFORM, SOFTWARE, OR DOCUMENTATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY

INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS,

SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR

RELIABILITY STANDARDS OR BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR

WILL BE CORRECTED. ADDITIONALLY, INCISOR STRICTLY DISCLAIMS ALL WARRANTIES WITH

RESPECT TO ANY THIRD-PARTY MATERIALS.

13. Limitation of Liability. TO THE GREATEST EXTENT ALLOWED UNDER APPLICABLE LAW:

(a) IN NO EVENT WILL INCISOR OR ITS AFFILIATES, OR ANY OF ITS OR THEIR

RESPECTIVE LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY THIRD-PARTY

FOR ANY USE, INTERRUPTION, DELAY, OR INABILITY TO USE THE PLATFORM, SOFTWARE, OR

DOCUMENTATION; LOST REVENUES OR PROFITS; DELAYS, INTERRUPTION, OR LOSS OF

SERVICES, BUSINESS, OR GOODWILL; LOSS OR CORRUPTION OF DATA; LOSS RESULTING FROM

SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION, OR SHUTDOWN; FAILURE TO

ACCURATELY TRANSFER, READ, OR TRANSMIT INFORMATION; FAILURE TO UPDATE OR PROVIDE

CORRECT INFORMATION; SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT

COMPATIBILITY INFORMATION; OR BREACHES IN SYSTEM SECURITY; OR FOR ANY

CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES,

WHETHER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, BREACH OF CONTRACT,

TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES

WERE FORESEEABLE AND WHETHER OR NOT INCISOR WAS AWARE OF THE POSSIBILITY OF SUCH

DAMAGES.

(b) IN NO EVENT WILL INCISOR’S AND ITS AFFILIATES’, INCLUDING ANY OF ITS OR

THEIR RESPECTIVE LICENSORS’ AND SERVICE PROVIDERS’, COLLECTIVE AGGREGATE

LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER,

UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT

(INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, EXCEED THE TOTAL AMOUNT

YOU PAID TO INCISOR UNDER THIS AGREEMENT FOR THE LOWER OF (i) YOUR SUBSCRIPTION

TO OUR PLATFORM, OR (ii) UP TO TWELVE (12) MONTHS PRIOR TO THE SPECIFIC DATE

THAT IS THE SUBJECT OF THE CLAIM.

UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.

(d) Some states or jurisdictions do not allow the exclusion or the limitation of

liability for consequential or incidental damages. Therefore, in those states or

jurisdictions, the foregoing limitations of liability will apply only to the

greatest extent allowed by law.

14. Indemnification; Statute of Limitations for Claims.

(a) You agree to indemnify, defend, and hold harmless Incisor and its officers,

directors, employees, agents, affiliates, successors, and assigns from and

against any and all losses, damages, liabilities, deficiencies, claims, actions,

judgments, settlements, interest, awards, penalties, fines, costs, or expenses

of whatever kind, including reasonable attorneys’ fees, arising from or relating

to (a) your or any of your Authorized User’s use or misuse of the Platform,

Software, Documentation, the Incisor Marks, or any Third-Party Materials,

Third-Party Licenses, or Third-Party Marks, (b) your or any of your Authorized

User’s breach of this Agreement, and (c) Your Applications, including any end

user’s use of Your Applications.

(b) If we seek indemnification or defense from you under this Section 14, we

will promptly tell you in writing about the claim(s) brought against us for

which we seek indemnification or defense. We reserve the right, at our choice,

to assume full control of the defense of claims with legal counsel of our

choice. You may not enter into any settlement or other agreement that would, in

any way whatsoever, form an admission of fault by us or bind us in any way,

without our prior written consent. If we assume control of the defense of any

claim, we will not settle a claim that requires payment from you without your

prior written approval.

no later than twelve (12) months after the date of the event causing any claim

occurs and you waive the right to file any legal action under any longer

applicable statute of limitations.

15. Export Regulation. The Platform and Software may be subject to US export

control laws, including the Export Control Reform Act and its associated

regulations. You will not, directly or indirectly, export, re-export, or release

the Platform or Software to, or make the Platform or Software accessible from,

any jurisdiction or country to which export, re-export, or release is prohibited

by law, rule, or regulation. You must follow all applicable federal laws,

regulations, and rules, and finish all required undertakings (including getting

any necessary export license or other governmental approval), before exporting,

re-exporting, releasing, or otherwise making the Platform and Software available

outside the US.

16. US Government Rights. The Platform is a “commercial product” as that term is

defined at 48 C.F.R. § 2.101, consisting of “commercial computer software” and

“commercial computer software documentation” as such terms are used in 48 C.F.R.

§ 12.212. Accordingly, if you are an agency of the US Government or any US

Government contractor, you only receive those rights with respect to the

Platform, Software, and Documentation as are granted to all other users under

license, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R. §

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SCHEDULE A

THIRD-PARTY MATERIALS AND LICENSES

(1) FIREBASEAUTHENTICATION.NET ACKNOWLEDGEMENT

The following license is associated with the FirebaseAuthentication.net

functionality that may be used within the Incisor® software. The "Software"

referenced in the license below refers only to the FirebaseAuthentication.net

functionality and not to any other portion of functionality associated with

the Incisor® software. The license below serves only as acknowledgement of

the potential use of the FirebaseAuthentication.net functionality within the

Incisor® software, and does not in any way grant any license to any portion

of the Incisor® software. Please see the Incisor® End User License and Terms

of Use Agreement for more information:

https://www.incisordev.com/eultua

-----------------------------------------------------------------------------

(2021.08.04)

The MIT License (MIT)

Permission is hereby granted, free of charge, to any person obtaining a copy

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to use, copy, modify, merge, publish, distribute, sublicense, and/or sell

copies of the Software, and to permit persons to whom the Software is

furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in

all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR

IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,

FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE

AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER

LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,

OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN

THE SOFTWARE.

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(2) FREETYPE ACKNOWLEDGEMENT

The following license is associated with the FreeType Project

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the potential use of the FreeType Project functionality within the

Incisor® software, and does not in any way grant any license to any portion

of the Incisor® software. Please see the Incisor® End User License and Terms

of Use Agreement for more information:

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-----------------------------------------------------------------------------

(2023.08.25)

-----------------------------------------------------------------------------

(3) LODEPNG ACKNOWLEDGEMENT

The following license is associated with the LodePNG functionality

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referenced in the license below refers only to the LodePNG

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software. Please see the Incisor® End User License and Terms of Use

Agreement for more information:

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(2020.10.17)

This software is provided 'as-is', without any express or implied

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Permission is granted to anyone to use this software for any purpose,

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(4) THREEJS ACKNOWLEDGEMENT

The following license is associated with the Three.js

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Incisor® software, and does not in any way grant any license to any portion

of the Incisor® software. Please be aware that projects published with

Incisor® may also contain portions of Three.js functionality, and therefor

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those published projects. Please see the Incisor® End User License and Terms

of Use Agreement for more information:

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(2020.06.17)

The MIT License

Permission is hereby granted, free of charge, to any person obtaining a copy

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in the Software without restriction, including without limitation the rights

to use, copy, modify, merge, publish, distribute, sublicense, and/or sell

copies of the Software, and to permit persons to whom the Software is

furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in

all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR

IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,

FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE

AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER

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(5) LAME ACKNOWLEDGEMENT

The following license is associated with the modified LAME

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therefore all other portions of the Incisor® software and platform are

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derived from the (LAME) Library' within the context of the license below.

As such the below license only applies to the bundled 'Lame' executable and

not to any other portion of functionality associated with the Incisor®

software. The license below does not in any way grant any license to any

portion of the Incisor® software other than the 'LAME' executable. The LAME

license dictates that the modified souce code for the bundled 'Lame'

executable must be made available, and that can be downloaded here:

https://www.incisordev.com/lamesourcemodified

Please see the Incisor® End User License and Terms of Use Agreement for

more information:

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-----------------------------------------------------------------------------

(2021.03.10)

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