Historian Explorer User License Agreement

Bravura-AI, Inc. | Version 1.1 | October 10, 2026

This User License Agreement (Agreement) governs the downloadable Historian Explorer application and the related services expressly included in your subscription (collectively, the Product). It is between Bravura-AI, Inc., a Delaware corporation (Bravura), and the business or other organization identified in the applicable registration or order (Customer). It covers the 30-day evaluation, paid subscriptions, device licensing, optional hosted AI, usage packs, and authorized offline deployments. It does not license the PlantUnity platform or any other Bravura product, even if the Product is marketed under a PlantUnity brand name.

BY AFFIRMATIVELY ACCEPTING THIS AGREEMENT THROUGH THE DOWNLOAD, INSTALLATION, ACTIVATION, OR PURCHASE PROCESS, YOU AGREE TO ITS TERMS. If accepting for an organization, you represent that you have authority to bind that organization. If you lack that authority or do not agree, do not accept, install, activate, or use the Product. The effective date is the date of acceptance. The Product is offered for business and professional use, not personal, family, or household use.

1 Product and order terms

1.1 Scope. The Product comprises the executable application, Bravura-provided connectors, documentation, license-management components, and updates that Bravura makes available under the purchased plan. Its available historian exploration, query, visualization, analysis, and AI functions are limited to those described in the documentation and order for that version and plan. No source code, platform license, development license, perpetual license, or right to other applications is granted.

1.2 Order. Order means the checkout disclosures and resulting confirmation, or a written order accepted by Bravura, identifying the Product, Customer, number of licensed computers, deployment type, subscription term, price and currency, billing frequency, applicable usage allowance, and any purchased packs. A signed agreement expressly overriding an identified provision of this Agreement controls that provision. Otherwise this Agreement controls legal and IP terms, and the Order controls its expressly stated commercial particulars. Customer purchase-order terms do not amend this Agreement. A payment provider's terms govern its payment relationship without transferring any Bravura IP.

1.3 Separate services. Hosted AI, offline activation, additional connectors, local AI integrations, support levels, and usage packs are included only if expressly offered for the purchased plan. A downloaded copy does not create any right to use paid functions after the license expires.

2 License and authorized users

2.1 Grant. Subject to compliance with this Agreement and payment when due, Bravura grants Customer a limited, nonexclusive, nontransferable except as permitted below, nonsublicensable license during the applicable trial or paid term to install and operate the Product in object-code form on the licensed computer or computers, solely for Customer's internal business purposes. Customer may permit employees and contractors to use it on Customer's behalf within the purchased entitlements and is responsible for their compliance. Affiliate companies and third-party customers receive no separate rights unless the Order expressly includes them.

2.2 Computer licensing. Each license is bound to one physical computer or one virtual machine unless the Order expressly provides otherwise. Each additional running installation, including a running clone, copied virtual machine, restored snapshot, or concurrently operating failover instance, requires its own license. Merely retaining an inactive backup or snapshot for recovery does not require an additional license. Customer must not run an original and its replacement under the same license concurrently.

2.3 Transfers and recovery. Customer may move a license to a replacement computer only through Bravura's documented transfer or support-assisted recovery process and must cease use and deactivate or remove the original installation. A hardware change or restoration may require reactivation. Recovery must not duplicate license entitlements or restore consumed usage credits. No transfer changes Customer's identity or permits resale.

2.4 Accounts. Customer must provide accurate business and billing details, protect account credentials and activation files, restrict administration to authorized personnel, and promptly report unauthorized access. Where individual credentials are supported, they must not be shared. Ordinary end users need not individually have authority to contract for Customer; the person accepting this Agreement must have that authority.

3 Thirty day trial

3.1 Evaluation license. Unless Bravura expressly approves otherwise in writing, Customer receives one free trial of 30 consecutive calendar days beginning on first successful trial activation, with the start and expiration date recorded in the activation confirmation. Any trial AI or other usage allowance must be disclosed when the trial is activated. Reinstallation, new accounts, changed hardware identifiers, clones, and snapshots do not restart or extend the trial.

3.2 Conversion. The trial does not create a payment obligation by itself. Automatic conversion to a paid monthly subscription occurs only if Customer separately and expressly authorizes recurring billing after being shown the price, billing frequency, trial expiration, first charge date, and cancellation method. Otherwise the license expires after 30 days unless Customer purchases a subscription. Any early paid upgrade and its effect on the remaining trial must be disclosed before purchase.

3.3 Expiration. Trial functions and hosted services may become unavailable at expiration. Customer must preserve and export needed information before expiration. Expiration does not transfer ownership of Customer Data to Bravura, authorize its deletion from Customer's source systems, or prevent use of previously exported data independently of the Product.

4 Monthly subscriptions and payment

4.1 Term and renewal. Unless the Order specifies otherwise, a paid subscription runs for one month and renews for successive monthly periods at the disclosed price until canceled. Billing begins on the date disclosed at checkout or, for an expressly authorized trial conversion, immediately after the trial ends. Recurring charges require affirmative authorization. Subscription fees are payable in advance, plus disclosed applicable taxes. Customer is responsible for its own hardware, internet, and separately contracted third-party services.

4.2 Cancellation. Customer may cancel renewal through the online billing portal identified in the purchase confirmation, or by notifying Bravura at the support contact identified there. A timely cancellation stops the next renewal and permits use through the paid period, subject to earlier termination for breach. Uninstalling the Product or disconnecting a computer does not cancel billing. Bravura will provide confirmation of cancellation. Except as required by law, applicable merchant terms, or an express refund provision, there is no prorated refund for voluntary cancellation or nonuse.

4.3 Failed payments. For a failed renewal charge, Bravura or its billing provider may retry payment during a 14-day cure period and will notify Customer. Bravura may withhold new hosted usage or new activation entitlements while payment is overdue. If the renewal remains unpaid after 14 days, the subscription will be canceled and further use is unauthorized. No local license file grants a longer contractual entitlement merely because it has a later technical expiration. Fees for service periods actually furnished remain payable; Customer is not liable for future renewals after cancellation.

4.4 Price changes. Bravura may change recurring prices prospectively on at least 30 days' prior written notice, effective no earlier than the first renewal after that notice period. Customer may cancel before the new price takes effect. A price change does not increase charges for an already paid period or previously purchased pack.

4.5 Merchant of record. Where checkout identifies Stripe, Link, or another provider as merchant of record, that provider processes the sale under its applicable purchase, tax, refund, and dispute terms. Bravura remains the Product licensor. Nothing here restricts refunds or other rights that the merchant must or may provide under its binding terms or applicable law. A refunded or reversed purchase may result in withdrawal of the corresponding license or unused credits, subject to mandatory rights and notice.

5 Offline and air gapped deployments

5.1 Offline entitlement. Offline operation requires a plan and activation file expressly designated for offline use. The licensed computer need not maintain an internet connection for functions documented as available offline. Customer obtains and transfers activation, renewal, or usage-pack files using Bravura's documented procedure, which may involve a separate internet-connected computer. Customer is responsible for its air-gap controls and secure media-transfer procedures.

5.2 Activation information. An offline activation request may contain pseudonymized device identifiers derived from hardware attributes, such as the system board, network adapters, and an available TPM key, together with necessary license and entitlement information. Customer authorizes processing of this information to issue and validate licenses, bind entitlements to the designated computer, support transfers, and detect unauthorized copies, as further described in the applicable privacy notice. Pseudonymized identifiers are not represented to be anonymous.

5.3 Local enforcement. The Product may use signed license files, local entitlement records, device binding, usage counters, and expiration checks. Customer must not alter the clock, identifiers, activation files, counters, or software, or roll back snapshots to extend a term or replenish credits. A paid monthly subscription remains time-limited when used offline. Customer must arrange renewal-file delivery before expiration. Bravura may withhold future files after expiration, nonpayment, or lawful termination; this does not imply remote access to an air-gapped computer.

5.4 No remote system access. This Agreement does not authorize Bravura to enter Customer's network, bypass an air gap, remotely control equipment, or erase Customer Data. Scheduled local expiration and restrictions on Bravura-hosted services are distinct from remote control. Hosted AI requires an authorized internet connection and is not available from a genuinely disconnected computer. Offline or local AI is included only if separately offered and expressly licensed.

6 Hosted AI and usage packs

6.1 Optional service. If Customer enables and uses Bravura-hosted AI, its questions and the related context and tool results necessary for the request are transmitted through Bravura's service to the AI provider used to generate a response. Such context may contain Customer Data. Customer must obtain internal authorization and any necessary data-subject or third-party permissions before transmitting it. Customer should not enable hosted AI where external transmission is prohibited.

6.2 Processing and privacy. Bravura may process request content to supply the requested service and usage metadata, including message or token counts, to administer allowances, billing, security, and support. Actual retention, subprocessors, processing locations, and provider practices must be described in the applicable privacy notice and, where required, a data processing agreement. This Agreement does not promise zero retention by Bravura or every provider. Bravura will not use Customer Data to train a general-purpose AI model without Customer's separate express agreement and will require equivalent restrictions from providers processing that data for the hosted service.

6.3 Allowances. The Order must disclose the units and amount of included usage, when allowances reset, and whether unused allowances carry forward. No automatic overage billing or automatic pack purchase occurs without separate authorization. When available credits are exhausted, the affected metered function may pause until additional authorized credits are available. An AI provider change must not materially reduce purchased entitlements during the paid period and remains subject to applicable privacy and processing obligations.

6.4 Packs. A one-time pack provides only the stated quantity of the identified metered function; it is not a perpetual Product license or an independently renewing subscription. Before purchase, the Order must disclose the supported online or offline function, delivery method, any expiration date, whether an active subscription is required, and treatment of remaining credits after cancellation. If no expiration is disclosed, the pack has no time-based expiration, although its use remains subject to the disclosed license prerequisites. Credits have no cash value, are nontransferable, and may not be duplicated or restored by copying an installation.

6.5 Offline pack refunds. Except as required by applicable law, applicable merchant-of-record terms, or an express Bravura refund commitment, packs successfully delivered for import to the designated offline computer are nonrefundable. This policy does not exclude remedies for failed delivery, defective or nonconforming content, duplicate charges, or other mandatory rights. Customer must not use credits attributable to a refunded pack and must reasonably cooperate with revocation or reconciliation through the supported process.

6.6 Customer-selected services. If a plan permits a separately contracted AI service, Customer is responsible for its account, credentials, fees, and applicable provider terms. Third-party service terms that Customer must accept must be made available before enabling that service. The availability of hosted AI does not grant direct access to Bravura's provider accounts, system prompts, service credentials, or internal APIs.

7 Intellectual property and restrictions

7.1 Ownership. Bravura and its licensors retain all rights in the Product, including code, connectors, algorithms, interfaces, nonpublic schemas, architecture, workflows, system prompts, orchestration logic, documentation, license mechanisms, and related IP and trade secrets. The Product is licensed, not sold. Downloading, paying for, configuring, or operating it offline does not transfer ownership or source-code rights.

7.2 Improvements and feedback. Bravura owns its modifications, enhancements, updates, and derivative works of the Product, including those it develops in support of Customer. Customer grants Bravura a perpetual, worldwide, nonexclusive, royalty-free right to use voluntarily supplied product feedback without obligation. This provision does not transfer Customer Data, Customer confidential information, or independently developed customer applications, queries, reports, or analyses, and does not authorize use of those materials as feedback without Customer's permission.

7.3 Prohibited acts. Except as expressly permitted by this Agreement or applicable nonwaivable law, Customer shall not, or help another person to: reverse engineer, decompile, disassemble, decrypt, extract source code, or reconstruct nonpublic Product logic; modify or create derivative works of the Product; copy it except for licensed installation and inactive backup; distribute, sublicense, rent, resell, or expose it as a service bureau; remove ownership notices; share or forge license files or service credentials; evade device, time, usage, or payment limits; extract system prompts or confidential workflows; or use the Product, its nonpublic internals, or deliberately collected behavioral outputs to develop, train, or improve a competing or substitute product.

7.4 Permitted activities. The restrictions do not prohibit normal historian queries, analysis, export, internal benchmarking, security scanning, validation, or regulatory qualification undertaken to use and assess the Product for Customer's internal business purposes, without extracting protected internals or attacking hosted services. Customer may use its own data and independently develop products without using Bravura confidential information or misappropriating the Product. No general restriction on competition or on use of Customer's historical measurements is created. Nonwaivable interoperability rights and protected disclosures remain unaffected.

7.5 Third-party components. Separately identified third-party or open-source components remain subject to their applicable notices and licenses; those licenses control those components to the extent required. Customer shall not subject Bravura's proprietary components to source-disclosure or redistribution obligations through unauthorized combination or distribution. No restriction here reduces rights mandatorily granted under an applicable third-party license.

8 Customer data and source systems

8.1 Ownership and exports. As between the parties, Customer retains rights in its historian records, measurements, uploaded materials, configurations that contain Customer information, queries, and resulting customer reports and analyses (Customer Data), excluding embedded Product IP. Bravura claims no ownership in Customer Data merely because the Product processes it. Customer may retain and use lawful exports after termination without a Product license, but may not continue operating the Product to create or access them without a valid license. AI outputs may not be unique or eligible for IP protection.

8.2 Limited processing authority. Customer authorizes only the processing reasonably necessary for functions it enables, requested support, license administration, and applicable legal obligations. Local deployment does not itself authorize upload of historian content. Bravura may receive content when Customer uses hosted functions or supplies it for support, subject to Section 6 and applicable privacy commitments.

8.3 Source rights. Customer is responsible for lawful access to each historian, database, control system, API, and other source system; obtaining required licenses and vendor permissions; and ensuring its data extraction and use are permitted. A Product license does not replace any source-system license or authorize circumvention of vendor controls. Customer must have rights to introduce third-party materials. Bravura assumes no obligations under Customer's agreements with source-system vendors.

8.4 Environment. Customer is responsible for secure installation, least-privilege access, supported configurations, backups, recovery, data quality, and validation of its own environment. Bravura has no duty to host or restore locally held Customer Data. Regulated personal data may be submitted to hosted services only where the required safeguards and agreements, including any necessary data processing agreement or business associate agreement, are in place.

9 Confidentiality

9.1 Definition. Confidential Information means nonpublic information disclosed by either party that is identified as confidential or reasonably understood to be confidential, including Bravura's nonpublic Product internals, security information, activation materials, and trade secrets, and Customer's nonpublic business and historian data. Publicly offered terms, published prices, and publicly disclosed features are not confidential merely because they concern the Product. Information independently developed, lawfully known without restriction, lawfully received from another source, or publicly available without breach is excluded.

9.2 Protection. Each receiving party shall use Confidential Information only to perform or exercise rights under this Agreement, protect it with at least reasonable care, and disclose it only to personnel and service providers who need it for those purposes and are bound to protect it. Each party is responsible for such recipients' compliance. The receiving party shall promptly notify the other of unauthorized use or disclosure and reasonably cooperate in containment.

9.3 Required disclosures and retention. A party may disclose information as legally required, giving prior notice and assistance where lawful and limiting disclosure to what is required. Nothing restricts protected reporting to regulators or government authorities. On termination, confidential materials shall be returned or deleted on request, except legally required records and inaccessible routine backups retained until normal deletion; retained materials remain protected and may not be used for another purpose. Trade-secret protection continues for as long as the information is a trade secret, and other confidentiality duties continue while the information remains confidential.

10 Support updates and operational use

10.1 Support and changes. Support, updates, response times, and compatibility commitments are limited to the applicable plan or a separate written agreement. No service-level, custom-development, or regulatory-certification commitment is implied. Customer is responsible for installing available updates and testing compatibility, including manually transferring updates in offline environments. Bravura may require security updates for continued hosted-service access upon reasonable notice, or immediately to address an imminent material threat. Bravura will not materially reduce core purchased functionality during a paid term without providing a remedy for the unused affected portion.

10.2 Human verification. The Product supports exploration and analysis; it is not a safety system, control system, substitute historian, or professional engineering service. Outputs, including AI-generated queries and explanations, can be inaccurate, incomplete, fabricated, or misleading. Customer must independently verify outputs through qualified personnel before use, particularly before operational changes or safety, environmental, financial, or regulated decisions. Customer remains responsible for its GxP or other regulatory validation. The Product must not be relied upon as the sole basis for a safety-critical action or as a fail-safe control.

10.3 Product telemetry. Bravura may collect limited operational information from installed copies, which may include Product version, configuration and environment attributes, feature and function usage counts, performance measurements, error and crash diagnostics, and license status. Bravura uses that information to deliver updates, maintain security and license integrity, diagnose faults, and improve the Product. Telemetry is not used to collect historian records, query contents, or other Customer Data, except where Customer submits them with a support request or enables a function that transmits them under Section 6. The categories collected, the retention periods or criteria, and any available means of limiting collection are described in the applicable privacy notice. An installation operating offline transmits only the activation and entitlement information described in Section 5.2.

10.4 Preview features. Bravura may identify a feature as preview, beta, early access, or evaluation. A preview feature is optional, may be changed or withdrawn at any time, is excluded from support commitments, warranties, indemnities, and any compatibility or availability commitment, and is provided as is. Customer should not use a preview feature where its failure or inaccuracy would affect operations, safety, or a regulated decision. Preview features are otherwise subject to this Agreement, including Sections 7, 9, and 10.2.

11 Warranties and disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT FOR EXPRESS COMMITMENTS IN THIS AGREEMENT OR A SIGNED ORDER, THE PRODUCT, TRIAL, HOSTED SERVICES, AND OUTPUTS ARE PROVIDED AS IS AND AS AVAILABLE. BRAVURA AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND LICENSORS (BRAVURA PARTIES) DISCLAIM IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. THEY DO NOT WARRANT ERROR-FREE OR UNINTERRUPTED OPERATION, PARTICULAR BUSINESS RESULTS, AI ACCURACY, OR COMPATIBILITY WITH EVERY HISTORIAN OR CUSTOMER ENVIRONMENT. No disclaimer eliminates an express obligation or a right that applicable law does not permit the parties to exclude.

12 Indemnification and liability

12.1 Customer indemnity. Customer shall defend the Bravura Parties against third-party claims arising from Customer Data provided without necessary rights, Customer's unlawful or unauthorized use of the Product, Customer's material breach, or Customer's violation of a source-system or third-party-material license, and pay covered final damages and approved settlements. This duty does not extend to the portion caused by Bravura's breach or wrongful conduct.

12.2 Bravura indemnity. Bravura shall defend Customer against third-party claims that the Product as supplied and used in compliance with this Agreement infringes IP rights and pay covered final damages and approved settlements. This excludes claims caused by unauthorized modifications, combinations where the claim would not otherwise arise, Customer Data or specifications, use outside the license, or AI-generated outputs. Bravura may obtain continued-use rights, supply a materially equivalent noninfringing replacement or modification, or terminate the affected license and refund the unused prepaid portion and affected unused prepaid packs. This is Customer's exclusive contractual remedy for ordinary third-party infringement claims, subject to Section 12.6.

12.3 Procedure. The indemnified party must promptly notify the indemnifying party of a claim, provide reasonable cooperation at the indemnifying party's expense, and permit control of defense and settlement with qualified counsel. Late notice relieves obligations only to the extent materially prejudicial. No settlement may admit fault, impose nonmonetary obligations, or fail to release the indemnified party without its written consent, not unreasonably withheld. The indemnified party may participate at its own expense.

12.4 Excluded damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW AND SUBJECT TO SECTION 12.6, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, BUSINESS OPPORTUNITIES, OR DATA, ARISING FROM THIS AGREEMENT, INCLUDING AI ERRORS, OPERATIONAL DECISIONS, AND BUSINESS INTERRUPTION, REGARDLESS OF THEORY OF LIABILITY OR NOTICE OF POSSIBILITY.

12.5 Aggregate cap. SUBJECT TO SECTION 12.6, EACH SIDE'S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT, INCLUDING ALL DEFENSE COSTS, INDEMNITIES, SETTLEMENTS, AND AWARDS, SHALL NOT EXCEED THE FEES ACTUALLY RECEIVED AND RETAINED BY BRAVURA FOR CUSTOMER'S PRODUCT AND ASSOCIATED SERVICES DURING THE 12 MONTHS BEFORE THE FIRST ACT OR OMISSION GIVING RISE TO THE CLAIM. The Bravura Parties share one cap collectively. Related claims are measured from the first related event and do not create additional caps. Qualifying fees include Product subscription and pack proceeds remitted through the merchant of record, but exclude taxes, refunds, chargebacks, merchant fees withheld from remittances, and separately identified third-party pass-through charges. If no fees have been received and retained, including during a free trial, this contractual cap is zero to the extent enforceable.

12.6 Exceptions. The cap and damage exclusions do not apply to liability finally determined by a court or arbitrator, or expressly acknowledged in a written settlement, to result from intentional or knowing theft, misappropriation, or unauthorized acquisition, use, or disclosure of trade secrets, source code, or other confidential proprietary technology, or IP infringement with actual knowledge that the conduct was infringing. A mere allegation or ordinary negligent license or confidentiality breach does not establish this exception. Neither the cap nor exclusions limit fees and taxes properly payable, expressly owed refunds, equitable relief, or liability that cannot lawfully be limited. Legally available profits-based remedies for the specified knowing or intentional IP misconduct remain available without double recovery.

12.7 Allocation. The parties intend these limitations to apply across contract, tort, statutory, and other claims to the maximum lawful extent. Each Bravura Party is an intended beneficiary of the protections applicable to it. No payment provider receives a release from its independent duties through this Agreement.

13 Compliance suspension and termination

13.1 Verification. On at least 15 days' written notice and no more than annually absent credible evidence of misuse, Bravura may request reasonable records or an officer's certification of compliance with device counts, terms, and usage entitlements. Verification shall protect Customer confidential information, minimize disruption, and not require internet access to an air-gapped system, disclosure of unrelated operational data, or unrestricted entry into Customer's network. Any inspection shall use mutually agreed reasonable security procedures. Verified excess usage is payable at the applicable agreed rates.

13.2 Breach. Either party may terminate for the other's material breach not cured within 15 days after written notice. Failed renewal payments follow Section 4.3. Bravura may immediately suspend affected hosted services, withhold new activation files, or require cessation of affected use for substantiated unauthorized copying, IP theft, unlawful use, or an imminent material security threat. Bravura will notify Customer as soon as reasonably practicable and limit action to what is reasonably necessary. This provision does not authorize entry into or deletion of data from Customer systems.

13.3 End of rights. At expiration or termination Customer shall cease using the affected Product and hosted services, uninstall active copies, and destroy activation files and copies, subject to inaccessible routine backups retained until normal deletion and protected against restoration or use. On request Customer shall certify compliance. Customer Data and lawful standalone exports remain Customer's; no continued Product access is promised for export after expiration. Customer should complete exports before the term ends.

13.4 Bravura termination. If Customer terminates for Bravura's uncured material breach, or Bravura ends a prepaid service for convenience, Bravura shall refund prepaid fees for the unused affected period and affected unused prepaid packs. Bravura may elect not to renew on at least 30 days' notice. Other refunds are governed by this Agreement, the Order, mandatory law, and applicable merchant terms. Accrued payment duties, ownership, applicable use restrictions, confidentiality, data ownership, disclaimers, liability, and dispute provisions survive to the extent necessary to give them effect.

13.5 Survival. The following survive expiration or termination of this Agreement: Section 1.2; Sections 4.3 and 4.5 as to amounts already accrued; Section 6.5; Section 7; Section 8.1; Section 9; Section 10.2; Section 11; Section 12; Section 13.3; this Section 13.5; Section 14; and Section 15. Any other provision survives to the extent necessary to give effect to rights and obligations that arose before expiration or termination.

14 Governing law and disputes

This Agreement is governed by Delaware law without its conflict-of-laws rules; the Federal Arbitration Act governs arbitration. The parties shall first attempt good-faith resolution for 30 days after written notice of a dispute. Unresolved disputes shall be finally resolved by one arbitrator under the American Arbitration Association Commercial Arbitration Rules, seated in Palm Beach County, Florida, or in another location mutually agreed in writing by the parties, in English. Hearings may be remote by agreement or procedural order. Judgment may be entered in a court with jurisdiction. Arbitration shall be confidential except disclosures needed for legal compliance, professional advice, or enforcement.

Either party may seek temporary or preliminary equitable relief pending arbitration in the state or federal courts located in or having jurisdiction over Palm Beach County, Florida, and consents to their jurisdiction and venue. Where necessary to preserve effective relief over assets, evidence, or conduct beyond those courts' reach, relief may also be sought in another court with competent jurisdiction without waiving arbitration of the merits. Permanent merits relief remains for the arbitrator except where nonwaivable law requires otherwise. Bravura may seek injunctions to protect IP, confidentiality, and license controls, subject to applicable proof and bond requirements. For matters lawfully proceeding in court, each party waives jury trial to the extent permitted. Mandatory jurisdictional, procedural, or other rights that cannot be waived remain unaffected.

Arbitration, and any court proceeding permitted under this Section, shall proceed only on an individual basis. Neither party may bring or participate in a class, collective, consolidated, mass, representative, or private attorney general proceeding, and the arbitrator may not consolidate or join the claims of more than one party or preside over any form of representative proceeding. If this paragraph is held unenforceable as to a particular claim or remedy, that claim or remedy shall proceed in court, and the remainder of this Section remains in effect and continues to apply to all other claims. Whether this paragraph is enforceable shall be decided by a court and not by the arbitrator.

Either party may instead bring an individual claim within the jurisdiction of a small-claims court. Where the amount in controversy falls below the threshold stated in the applicable rules for expedited or documents-only procedures, those procedures shall be used. For an individual claim seeking less than US$25,000, Bravura shall pay the arbitration filing, administrative, and arbitrator fees to the extent they exceed the court filing fee Customer would otherwise have paid, except where the arbitrator determines that the claim was frivolous or brought for an improper purpose. Each party otherwise bears its own costs and attorneys' fees, except as awarded under applicable law. Except where a longer period is required by law, a claim arising out of or relating to this Agreement must be commenced within two years after the claimant knew or reasonably should have known of the facts giving rise to it.

15 General terms

15.1 Changes. Bravura may propose revised terms by direct notice to the registered Customer contact at least 30 days before renewal. The accepted version governs the current paid period unless both parties agree otherwise or mandatory law requires a change. Material changes require affirmative acceptance before they govern a renewed term. Merely posting a new version does not amend an offline license. If Customer declines, the existing term runs to expiration without renewal under the new terms.

15.2 Assignment. Customer may not assign this Agreement or transfer licenses to another person without Bravura's written consent, except to a noncompetitor successor acquiring all or substantially all of Customer's relevant business that assumes the obligations in writing, upon notice. Device transfers under Section 2.3 are not assignments. Bravura may assign this Agreement with its related business or IP, without diminishing accrued Customer rights.

15.3 Export and legal compliance. Customer must comply with applicable export-control, sanctions, privacy, and other laws. Customer may not provide the Product or hosted services to prohibited persons or for prohibited destinations or end uses. Geographic availability is limited to locations Bravura offers and authorizes; website availability does not itself authorize every jurisdiction.

15.4 Notices. Bravura may send contractual and billing notices to Customer's registered email address; Customer must keep it current and monitor it even for offline deployments. Customer may send notices to the support or legal contact identified in its confirmation, or to Bravura-AI, Inc., Attention General Counsel, 609 N. Hepburn Ave, Suite 204, Jupiter, FL 33458. Email notices are effective on confirmed delivery; courier notices on recorded delivery. Routine billing cancellation may use Section 4.2.

15.5 Entire agreement. This Agreement and the Order constitute the agreement for this Product and supersede prior proposals about it. The privacy notice describes processing practices; any executed data processing agreement controls conflicts about its covered processing. No VAR agreement, PlantUnity engineering license, or unrelated price book is incorporated. Amendments must follow Section 15.1 or be agreed in writing. Waivers must be express and do not waive later breaches. An invalid provision is severed or narrowed only as legally permitted, leaving the remainder effective.

15.6 Mandatory rights. Business-use labeling does not eliminate rights that actually apply under mandatory consumer or other law. Where such law applies, statutory warranties, refunds, withdrawal rights, cancellation requirements, and dispute rights prevail over inconsistent language here. Early performance of digital content does not waive a withdrawal right unless the required separate consent, acknowledgment, and confirmation have been obtained. This Agreement alone does not collect those consents.

15.7 Force majeure. Neither party is liable for delay in or failure to perform a non-monetary obligation to the extent caused by an event beyond its reasonable control, including natural disaster, epidemic, war, terrorism, civil disturbance, labor disruption, governmental action, failure of a public utility or telecommunications network, and failure of a third-party hosting, payment, or AI provider that is not within its control. The affected party shall notify the other and use reasonable efforts to resume performance. If such an event prevents Bravura from supplying a paid hosted service for more than 30 consecutive days, Customer may terminate the affected service and receive a refund of the unused prepaid portion.

15.8 Relationship of the parties. The parties are independent contractors. This Agreement creates no partnership, joint venture, agency, franchise, or employment relationship, and neither party may bind the other or incur obligations on its behalf.

15.9 No third-party beneficiaries. Except for the Bravura Parties as provided in Section 12, this Agreement creates no right or remedy in any person who is not a party to it.

15.10 United States Government end users. The Product is commercial computer software and commercial computer software documentation as those terms are used in 48 C.F.R. 2.101. If acquired by or on behalf of a United States Government entity, it is provided with only the rights granted to all other end users under this Agreement, consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202. Customer is responsible for any additional requirement imposed by a government contract to which Bravura is not a party.

15.11 Publicity and trademarks. Neither party may use the other's name, logo, or trademarks without prior written consent. Nothing in this Agreement grants Customer any right in the Bravura or PlantUnity names or marks beyond the right to operate the Product as licensed.

15.12 Evidence of acceptance. Bravura may record the version of this Agreement accepted, the date and time of acceptance, the account or installation identifiers associated with the acceptance, and the separate authorizations described in Sections 3.2, 4.1, and 6.1. Those records are admissible and, absent contrary evidence, are sufficient evidence of acceptance and of the terms accepted. For an installation activated offline, acceptance is recorded in the activation request or installation record and evidenced by the corresponding activation file. Bravura shall make the accepted version available to Customer on request.

15.13 Interpretation. Headings are for convenience only. Including and such as are not words of limitation. Or is not exclusive. A reference to a Section is to a Section of this Agreement. Days are calendar days unless otherwise stated. This Agreement shall not be construed against a party because that party drafted it.

15.14 Controlling language. This Agreement is made in English. Any translation is provided for convenience only, and the English version governs, except where applicable law requires otherwise.