ANNEX D — SOFTWARE LICENCE TERMS

These Software Licence Terms are an annex to, and an integral part of, the Enastro General Terms and Conditions (the “Terms”) published at https://enastro.com/legal/terms. Capitalised terms have the meanings given in the Terms. In the event of conflict, the Terms prevail.

1. Grant of licence

1.1 Subject to your compliance with the Terms and payment of the Fees, we grant you, for the duration of your use of the Service, a non-exclusive, non-transferable, non-sublicensable, revocable, worldwide licence to:

(a) access and use the Enastro web application and the API in object code and hosted form, through the interfaces we provide, for your own internal business purposes;

(b) install, deploy, execute and use the Licensed Software, in object code form only, on systems owned or controlled by you, solely to the extent necessary to connect an Audio Source to the Service, to transmit recordings to the Service, to operate any self-hosted component which we make available, or to integrate your own systems with the API;

(c) permit your Members to use the Licensed Software for those purposes; and

(d) reproduce and use the Documentation internally, solely to support the permitted use of the Service.

1.2 The licence is granted, not sold. All rights not expressly granted are reserved to us and our licensors. You acquire no ownership in the Service, the Licensed Software, the Documentation or any update.

1.3 The licence is granted by reference to the Organization and to the use metered in accordance with Article 7 of the Terms. Any use which circumvents metering is unlicensed use and is subject to clauses 8.4 and 8.5 of the Terms.

1.4 Where we make a software development kit, sample code or reference implementation available, you may use it, and where expressly so stated modify it, solely in order to integrate your own systems with the Service. Modified material is used at your own risk, is excluded from the warranties in Article 14 of the Terms and from the indemnity in clause 16.2 of the Terms, and confers no rights in the underlying Intellectual Property Rights.

1.5 Free plan. Access granted while the Organization is on the Free plan is provided for evaluation and configuration purposes only, “as is”, without warranty, support commitment or service level, and confers no right to ingest recordings or to perform any chargeable action.

2. Restrictions

2.1 The restrictions in clause 8.2 of the Terms apply in full to the Licensed Software and the Documentation. In addition, you shall not, and shall not permit any third party to: (a) separate, extract, decompose or use any component, library, container image, prompt, schema or model of the Licensed Software independently of it; (b) circumvent, disable or tamper with any licence key, activation, authentication, telemetry or metering mechanism; (c) modify the configuration of the Licensed Software otherwise than through the options exposed within the Service or described in the Documentation; (d) deploy the Licensed Software in a multi-tenant manner or make it available to any person other than your Members and your own personnel; (e) use the Licensed Software to transmit to the Service recordings which you are not lawfully entitled to process; or (f) transfer, lend, lease, sublicense or otherwise make the Licensed Software available to any third party.

2.2 Where we make a self-hosted component available, you shall operate it in accordance with the Documentation, on supported infrastructure, and shall apply updates within the period specified in clause 3.3 below.

3. Telemetry, updates and supported versions

3.1 You acknowledge that the Licensed Software transmits to us the technical, operational and metering data described in the Documentation and in clause 9.4 of the Terms, and that such transmission is an inherent condition of the provision of the Service. Disabling, blocking or filtering it prevents the provision of the Service and does not entitle you to any credit or refund.

3.2 We may deliver updates to the Licensed Software, including automatically. You shall not prevent the installation of updates which we designate as mandatory or security-related. Updates form part of the Licensed Software and are subject to these Licence Terms.

3.3 We support the current version of the Licensed Software and the immediately preceding minor version. Support, service levels and warranties do not extend to superseded, modified or unsupported versions, or to versions which you have failed to update within sixty (60) calendar days of an update being made available.

3.4 We may cease to support an operating system, runtime, container platform or API version upon ninety (90) calendar days’ notice, or with immediate effect where its supplier has ceased to provide security support for it. We may deprecate an API version or endpoint upon ninety (90) calendar days’ notice.

4. Third-party and open-source components

4.1 The Licensed Software may incorporate third-party or open-source components, licensed under their own terms as identified in the Documentation. To the extent that those terms conflict with these Licence Terms, they prevail in respect of the relevant component only. We give no warranty and accept no liability in respect of third-party components, save to the extent of the indemnity in clause 16.2 of the Terms.

4.2 Models made available through the Model Catalogue are supplied by Model Providers and are not licensed to you under these Licence Terms. Your use of them is governed by the Terms and by the AI Terms.

5. Your responsibility

5.1 You remain responsible for testing the Licensed Software in your own environment prior to production deployment, for its compatibility with your own software, security tooling and network configuration, for the security of the systems on which it is deployed, and for maintaining adequate back-ups of your own recordings and data independently of the Service.

6. Duration and effect of termination

6.1 These Licence Terms take effect on your acceptance of the Terms and terminate automatically, without notice, upon termination of the contract, or upon any breach by you of clause 8.2 of the Terms or of section 2 above.

6.2 Upon termination you shall immediately cease all use of the Licensed Software, uninstall and delete it from all systems, revoke all API Keys and the access granted to us over your Audio Sources and, upon written request, certify such deletion.

6.3 Data held on your own systems at the time of termination remains under your exclusive control and we have no obligation to retrieve, preserve or migrate it.