Use and Care Manual
IMPORTANT - READ BEFORE USING. Do not use the robot (“Junior”) accompanying this license agreement (“Agreement”) until you have carefully
read and agreed to the following terms and conditions.
By using the Junior, you agree to the terms of this End User License Agreement (“EULA”) and any amendment or addenda accompanying this
Agreement. If you do not agree to the terms of this EULA, you may not use the Junior. The Junior contains an electronic and software interface that
allows you to control or modify its behavior, and remotely monitor its sensors.
THIS IS A LEGAL AGREEMENT. BY ACCESSING AND USING THE PRODUCT AND PRODUCT SOFTWARE, YOU ARE ACCEPTING AND AGREE
-
ING TO THIS EULA ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT IN CONNECTION WITH THE ACCESS. YOU REPRESENT
AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THIS EULA ON BEHALF OF YOURSELF
OR THE ENTITY YOU REPRESENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOURJURISDICTION OR RESIDENCE TO
USE OR ACCESS THE PRODUCT SOFTWARE AND TO ENTER INTO THIS EULA. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF
THESE TERMS, YOU SHOULD CEASE USING THE PRODUCT AND PRODUCT SOFTWARE. Terms and Conditions
LICENSE: Subject to all of the terms of this Agreement, Bobsweep Inc. (“Bobsweep”) grants to you one (1) revocable, royalty-free, personal, non-
exclusive, nontransferable, non-assignable, non-commercial intellectual property license to use the Bobsweep software contained on the Junior,
including the protocol for communicating with the Bobsweep software contained on the Junior (“Bobsweep Software”), to use the Junior.
NONCOMMERCIAL LICENSE: You may use the Bobsweep Software and the Junior only for personal, noncommercial, educational, and research
purposes. The Bobsweep Software and the Junior may not be used for any other purpose, whether “for prot” or “not for prot.” Any work performed
or produced using the Junior, including Your Software, cannot be performed or produced for the benet of other parties for a fee, compensation, or
any other reimbursement or remuneration. A separate license is required for each additional use and/or individual user in all other cases. If you are
an entity, Junior grants you the right to designate one individual within your organization to have the sole right to use the Bobsweep Software and
the Junior in the manner provided above. RESTRICTIONS: You agree not to: (i) use or copy the Bobsweep Software or the Junior except as provided
in this Agreement; (ii) rent or lease the Bobsweep Software or the Junior to any third party; (iii) assign this Agreement or transfer the Bobsweep
Software or the Junior except as provided in this Agreement; (iv) modify, adapt, or translate the Bobsweep Software or the Junior in whole or in
part except as expressly provided in this Agreement; (v) reverse engineer, reverse compile, or disassemble the Bobsweep Software or the Junior;
or (vi) distribute, sublicense or transfer the source code form of Your Software and derivatives thereof to any third party except as provided in this
Agreement. YOUR SOFTWARE : Use and distribution of any software that you create for your Junior (“Your Software”) is also subject to the following
limitations: You (i) shall be solely responsible for any update or support obligation or other liability which may arise from your use or distribution,
(ii) shall not make any statement that Your Software is “certified,” or that its performance is guaranteed, by Bobsweep, (iii) shall not use Bobsweep
or Junior’s name(s) or trademark(s), (iv) shall prohibit disassembly and reverse engineering of the Bobsweep Software and the Junior, (v) shall not
publish reviews of Bobsweep products designated as beta without written permission from Bobsweep, and (vi) shall indemnify, hold harmless,
and defend Bobsweep and its suppliers from and against any claims or lawsuits, including attorney’s fees, that arise or result from Your Software,
including your use and your distribution. TITLE: Title to the Bobsweep Software remains with Bobsweep or its suppliers. The Bobsweep Software
is licensed, not sold. Except as expressly provided herein, Bobsweep does not grant any express or implied right to you under Bobsweep patents,
copyrights, trademarks, or trade secret information. You will not remove any copyright or patent notice from the Bobsweep Software or the Junior.
ONE-TIME TRANSFER: The initial user of the Bobsweep Software and the Junior may make a one-time permanent transfer of this Agreement, the
Bobsweep Software, and the Junior to another end user, provided that the initial user retains no copies of the Bobsweep Software and the Junior.
This transfer must include the Bobsweep Software, the Junior, and all of the materials accompanying the Junior (including all component parts
and printed materials, any upgrades, and this End User License Agreement document). The transfer may not be an indirect transfer, such as a
consignment. Prior to the transfer, the end user receiving the Bobsweep Software and the Junior must agree to all the terms of this Agreement. NO
WARRANTY AND LIMITED REPLACEMENT: EXCEPT AS STATED IN THE LIMITED WARRANTY TO THE ORIGINAL PURCHASER, THE BOBSWEEP
SOFTWARE AND THE JUINOR ARE PROVIDED “AS IS” WITH NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY
IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY
RIGHTS, OR ANY WARRANTY OTHERWISE ARISING OUT OF ANY PROPOSAL, SPECIFICATION, OR SAMPLE. NO ORAL OR WRITTEN INFOR
-
MATION OR ADVICE GIVEN BY BOBSWEEP OR ITS AGENTS SHALL CREATE A WARRANTY. If the Bobsweep Software or the Junior is found
to be defective in material or workmanship under normal use for a period of one (1) year from the date of receipt, Bobsweep’s entire liability and
your exclusive remedy shall be the replacement of the Bobsweep Software or the Junior.This offer is void if the defect results from accident, abuse
End User License Agreement for bObsweep Software and Junior
misapplication, or software that you developed for your Junior. Any updates or supplements to the Bobsweep Software or the Junior provided to
be defective in material or workmanship under normal use for a period of one (1) year from the date of receipt, Bobsweep’s entire liability and your
exclusive remedy shall be the replacement of the Bobsweep Software or the Junior.This offer is void if the defect results from accident, abuse,
misapplication, or software that you developed for your Junior. Any updates or supplements to the Bobsweep Software or the Junior provided to
you after the expiration of the one (1) year period are not covered by any warranty or condition, express, implied or statutory. SOME JURISDIC
-
TIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. LIMITATION OF
LIABILITY: THE ABOVE REPLACEMENT PROVISION IS THE ONLY WARRANTY OF ANY KIND. BOBSWEEP OFFERS NO OTHER WARRANTY
EITHER EXPRESS OR IMPLIED INCLUDING THOSE OF MERCHANTABILITY, NON INFRINGEMENT OF THIRD- PARTY INTELLECTUAL PROPER
-
TY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER BOBSWEEP NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DAMAGES WHAT-
SOEVER (INCLUDING, WITHOUT LIMITATION, VICARIOUS LIABILITY, CONSEQUENTIAL DAMAGES, INCIDENTAL DAMAGES, DAMAGES FOR
LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS) ARISING OUT OF THE USE
OF OR INABILITY TO USE THE BOBSWEEP SOFTWARE, THE JUNIOR, OR SOFTWARE THAT YOU DEVELOPED FOR YOUR JUNIOR, EVEN IF
BOBSWEEP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU UNAUTHO
-
RIZED USE: THE BOBSWEEP SOFTWARE AND THE JUNIOR ARE NOT DESIGNED, INTENDED, OR AUTHORIZED FOR USE IN ANY AERONAU-
TICAL, NUCLEAR, MEDICAL, LIFE SAVING OR LIFE SUSTAINING SYSTEMS, OR FOR ANY OTHER APPLICATION IN WHICH THE USE OF THE
BOBSWEEP SOFTWARE OR THE JUNIOR COULD CREATE A SITUATION WHERE PERSONAL INJURY OR DEATH MAY OCCUR. Should you use
the Bobsweep Software or Junior for any such unintended or unauthorized use, you shall indemnify and hold harmless Bobsweep and its ocers,
subsidiaries and aliates against all claims, costs, damages, and expenses, and reasonable attorney fees arising out of, directly or indirectly, any
claim of product liability, personal injury or death associated with such unintended or unauthorized use, even if such claim alleges that Bobsweep
was negligent regarding the design or manufacture of the Bobsweep Software, the Junior, or any part or portion thereof. USER SUBMISSIONS:
You agree that any material, information or other communication, including all data, images, sounds, text, and other things embodied therein, that
you transmit or post to a Bobsweep website or provide to Bobsweep (“Communications”) will be considered non-confidential. Bobsweep will have
no confidentiality obligations with respect to the Communications. You agree that Bobsweep and its designees will be free to copy, modify, create
derivative works, publicly display, disclose, distribute, license and sublicense through multiple tiers of distribution and licensees, incorporate and
otherwise use the communications, including derivative works thereof, for any and all commercial or non-commercial purposes without the payment
of any royalty to you, and that such license will survive the termination of this Agreement.
TERMINATION: This Agreement becomes effective on the date you accept this Agreement and will continue until terminated as provided for in this
Agreement. You may terminate this Agreement voluntarily at any time. Bobsweep may terminate this Agreement at any time if you are in breach
of any of its terms and conditions, and may refuse to license the Bobsweep Software or the Junior to you after termination. Upon termination by
either party, you will immediately return to Bobsweep or destroy the Bobsweep Software and the Junior and all your copies thereof. Articles 5 and
7 through 17 of this Agreement shall survive such termination. U.S. GOVERNMENT RESTRICTED RIGHTS: The Bobsweep Software and the Junior
are provided with “RESTRICTED RIGHTS.” Use, duplication or disclosure by the Government is subject to restrictions set forth in FAR52.227-14
and DFAR252.227-7013 et seq. or its successor. Use of the Bobsweep Software or the Junior by the Government constitutes acknowledgment of
Bobsweep’s rights in them. NO EXPORT: You may not export the Bobsweep Software or the Junior in violation of applicable export laws. INTER
-
PRETAT ION: The provisions of this Agreement are severable. If any provision of this Agreement is held to be unenforceable, such provision shall
be reformed only to the extent necessary to make it enforceable. Any law or regulation which provides that the language of a contract shall be
construed against the drafter shall not apply to this Agreement. INTEGRATION: This Agreement represents the complete agreement concerning
the subject matter hereof, and any and all understandings, conversations and communications, proposals, and counterproposals, oral and written
(including any draft of this Agreement) are merged into and superseded by this Agreement and shall be of no force or effect, except as expressly pro
-
vided herein. No such understandings, conversations, communications, proposals, counterproposals or drafts shall be referred to in any proceeding
concerning this Agreement. Further, no understanding contained in this Agreement shall be modified, altered or amended, except by a writing
signed by the party against whom enforcement is sought. ARBITRATION: All disputes relating to this Agreement (excepting any dispute relating to
intellectual property rights) shall be subject to final and binding arbitration, with the losing party paying all costs of arbitration. Any arbitration relating
to this Agreement shall be held in California, under the auspices of an arbiter selected by Bobsweep. Any litigation relating to this Agreement shall be
subject to exclusive venue and jurisdiction in the federal and state courts of California, with the losing party responsible for costs, including without
limitation, court costs and reasonable attorneys fees and expenses. APPLICABLE LAWS: Any claim arising under or relating to this Agreement shall
be governed by the internal substantive laws of the Commonwealth of California, without regard to its principles of conict of laws. The application
of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.