End User License Agreement

END USER LICENSE AGREEMENT

This End User License Agreement (“EULA”) is a legally binding agreement between you, the end user individual or organization of the Huddly Product, (“you” or “your”) and Huddly AS, a company incorporated under the laws of Norway and having its principal or registered office at Stortorvet 7, 0155 Oslo, Norway (“Huddly”, “us” or “our”).

By using the Huddly Product, you acknowledge that you have read and understood the terms of this EULA and our Privacy Policy and you accept that they constitute an agreement which is legally binding upon you (“Agreement”). You warrant to us that you have the authority to enter into this Agreement and to act on behalf of any person on whose behalf you register for use of the Huddly Product. If you do not agree to the terms of this Agreement, you must not use the Huddly Product. Capitalized terms used herein but undefined will have the meaning given to such term in Section 9 (Definitions).

License to Huddly Product

Subject to the terms of this EULA, we grant you a personal, non-exclusive, non-transferable, non-assignable, non-sublicensable license to use the Intellectual Property Rights in the Software and the Huddly Product solely for your personal or internal business purposes. We reserve all rights not expressly granted to you under this Agreement.

Restrictions on Use

You must not:

sublicense, transfer, sell, rent or otherwise provide access to the Software to any third party;

interfere in any manner with the Software or Huddly Product, or any services associated therewith, including by uploading any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is potentially harmful or invasive, or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;

except to the extent permissible under applicable law, reproduce, disclose, decompile, disassemble, reverse engineer or modify the Software or the Huddly Product, or any aspect of any of the foregoing, in connection with the development or commercialization of any product or service which competes with the Software or the Huddly Product (or any aspect thereof); or

permit, encourage or otherwise take any action, or omit to do so, to facilitate or otherwise enable any person to do any of the foregoing.

PROPRIETARY RIGHTS

As between you and Huddly, you agree that all rights, title and interest in and to all Intellectual Property Rights in the Software and the Huddly Product are owned exclusively by, or are licensed to, us.

All rights not expressly granted to you in this Agreement are reserved by us.

Third parties

Goods and services of third parties may be advertised or made available by Huddly’s authorized resellers and distributors in connection with the Huddly Products. Representations made regarding products and services provided by third parties (including with respect to the Huddly Product and Software) are governed by the policies and representations made by these third parties. Huddly shall not be liable for or responsible in any manner for any of your dealings or interaction with such third parties.

WHERE YOU HAVE A SUPPORT ISSUE IN RELATION TO THE HUDLLY PRODUCT, YOU MUST PRESENT THAT ISSUE TO THE SUPPLIER OF THE HUDDLY PRODUCTAND NOT HUDDLY DIRECTLY UNLESS WE SUPPLIED THE HUDDLY PRODUCT DIRECTLY TO YOU.

Indemnity

You shall defend, indemnify and hold harmless Huddly, its directors, officers, employees and agents, from and against any and all loss, damages, and liability (including attorney’s fees) of any kind arising from your breach of this Agreement, the use or misuse of the Software or the Huddly Product by any third party, or any bona fide claim in writing that any content or data provided by you or on your behalf (or any use thereof) infringes the Intellectual Property Rights or other rights of a third party or has caused harm to a third party.

Terms and Conditions of Sale.

HUDDLY MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WITH RESPECT TO THE PURCHASE OF HUDDLY PRODUCTS FROM ANY OTHER ENTITY, VENUE, PLATFORM OR CHANNEL, AND HEREBY DISCLAIMS ALL SUCH REPRESENTATIONS, WARRANTIES AND GUARANTEES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

without limiting the foregoing, If you have purchased the Huddly Product from a third party (for example, a distributor or a reseller), you acknowledge and agree that any warranty provided is from that third party, any warranty claim you make must be to that third party, and that any and all claims, including warranty claims, that you may have with respect to the huddly product are between you and such third party.

Termination

Without prejudice to any other rights, Huddly may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement.

Upon termination or expiry of this Agreement for any reason all rights, including rights to use the Software, granted in this Agreement will immediately cease, and Huddly will cease making any Software available to you and you must destroy all copies of the Software.

To the extent that we collect, store, use and disclose any of your personal data, we will do so in accordance with our Privacy Policy.

By using the Huddly Products, or signing up for a user account with us, you hereby consent to the processing of your personal data in accordance with our Privacy Policy.

Definitions

“Huddly Product” means the Huddly camera product, and all proprietary APIs, software, innovations, methodologies and technology which is embodied in, or used by Huddly to provide the Huddly camera product and the Software.

“Intellectual Property Rights” means copyright rights, trademark rights, patent rights, trade secrets, design rights and any other intellectual property rights of similar nature.

“Privacy Policy” means the document set forth at https://www.huddly.com/privacy-policy as amended or updated from time to time.

“Software” means the software provided in connection with, embedded in or integrated into a Huddly Product.