Copyright (C) 2025 Embedl AB

EMBEDL HUB SOFTWARE LICENSE AGREEMENT
v.1.1
Effective Date: 12 June 2025

Please review this Embedl Hub Software License Agreement (the "SLA" or the "Terms") carefully. Your acceptance of these Terms is required in order for you to access and use the Embedl Hub Solution (as defined below). By click-accepting these Terms, by using the Embedl Hub Solution in whole or in part, by downloading or installing Embedl Hub Software, or by registering or opening an account with us, you are entering into a legally binding agreement with us. If you do not agree to these Terms, you cannot use the Embedl Hub Solution.

We reserve the right at our discretion to propose modifications to these Terms periodically. We will notify you of such changes via an email sent to the email address we have on file for you or via other notification mechanisms. Your continued use of and access to the Embedl Hub Solution after notice of such modifications indicates your acceptance of and agreement to the modified Terms.

If you are, or your employer or client for whom you work is, in the business of selling access to development and optimization tools, solutions and/or services for AI, machine learning, computer vision, or similar technologies (a "Competitor"), you are not licensed to download, install or use the software and other materials licensed under these Terms. You represent and warrant that you are not a Competitor and are not working for a Competitor. If you are in breach of this warranty, now or in the future, you are not licensed to use the software and materials licensed under these Terms; doing so anyway constitutes infringement of our IP rights and breach of these Terms.

1.0 DEFINED TERMS

"Access Information": user name, password, and other log-in information for access to all or any part of the Embedl Hub Solution.

"Authorized Derivatives": any software, product, or service that you create or provide using the Embedl Hub Software, provided that any such software, product or service (a) does not include or deploy the Embedl Hub Software or its functionality, in whole or in part, and (b) is not described or marketed as a developer tool, software library, SDK, or other offering, a purpose of which is to provide the functionality of the Embedl Hub Software, or to provide its functionality as an application development tool or service.

"Content": text, images, graphics, photos, video, applications, software, models, audio, and any other content, information or data, created, derived from or accessible via use of the Embedl Hub Solution. The term "your Content" includes Content you provide to, or Content originating or derived from your use of, the Embedl Hub Solution.

"Device": ​means a single-user personal computer or device, excluding any hardware or network system (whether physical or virtual) on which the software is installed or accessed for remote use over a network or for two or more concurrent external users (for clarity, excluding use by your internal staff such as employees and contractor personnel).

"Embedl Hub Service": the online services and information (including Embedl HubTM) provided by us in relation to and in support of the Embedl Hub Software, including any provision of the functionality of the Embedl Hub Software as a service, as such services may be provided, updated or modified by us on one or more occasions.

"Embedl Hub Software": the software libraries and related documentation as may be made available to you under this SLA, including in binary and/or source code form, and as may be updated or modified by us on one or more occasions.

"Embedl Hub Solution": Embedl Hub Service, Embedl Hub Software, Support Services, and the features, functionality, data, applications, and services that we may make available to you via your use of the Embedl Hub Software and Embedl Hub Service.

"Privacy Policy": our privacy policy available at https://hub.embedl.com/privacy, as may be amended on one or more occasions.

"Support Services": services we may agree to perform to enable the training, setup, integration, maintenance and/or support of the Embedl Hub Solution, which may include support, consulting, professional services, and the services described in section 7.

"Third Party Applications": online or offline software, products, services, functionality, hardware, networks, Content not developed by us, and any or all of the foregoing.

"Use License": a single and company- or individual-specific limited license, solely by and for the benefit of you and your commercial and non-commercial purposes, and not for the benefit of a Competitor, to (a) access and use the Embedl Hub Software and Authorized Derivatives in accordance with these Terms on a single Device owned or controlled exclusively by you; and (b) develop Authorized Derivatives. A Use License excludes distribution or deployment of the Embedl Hub Software or its functionality in whole or in part.

"We", "us", or "our": Embedl AB, organized under the laws of Sweden.

"You" or "your": the single entity or single individual licensee of a single Use License to the Embedl Hub Software, excluding Competitors and any affiliates, subsidiaries, consultants, contractors, or other related parties or entities.

2.0	END USER LICENSE

2.1	License Grant. Subject to your compliance with these Terms, we hereby grant to you a non-sublicensable, non-transferable, and non-exclusive Use License, for your internal personal or business use and not for the benefit of any Competitor. If you are an entity, you may exercise the rights granted in this section solely via your own employees and subcontractors. You shall not permit use or access by any Competitor.

2.2	Updates. The Embedl Hub Software may update automatically or require updates. Updates may be required for your continued use of the Embedl Hub Solution. You agree to accept such updates subject to these Terms unless other terms accompany the updates. If so, those other terms will apply. We are not obligated to make any updates available except as we may separately agree in writing.

2.3	Unauthorized Use. You shall not (a) copy the Embedl Hub Software except as required to load on to the Device; (b) sublicense, distribute, or share use of the Embedl Hub Software or its functionality, in whole or in part, with any third party, including via a network or shared resource; or (c) modify, extend, enhance, improve, or create derivative works or improvements of, the Embedl Hub Software, except for Authorized Derivatives. All rights not expressly granted in this section are reserved to us. We grant no rights to any patents. You will have no right or license to the Embedl Hub Software other than the rights set forth in section 2.1.

2.4	Ownership.

2.4.1 We and our licensors retain all right, title and interest in the Embedl Hub Software and associated intellectual property rights, and all copies of the Embedl Hub Software in whole or in part. The structure, sequence, organization and code of the Embedl Hub Software constitute our and our licensors' valuable trade secrets and copyrighted confidential information. You will preserve and not suppress our proprietary notices, markings, and branding associated with or displayed via the use of the Embedl Hub Software.

2.4.2 You retain ownership of your Authorized Derivatives. You hereby grant to Embedl, on behalf of yourself and each of your affiliates, employees and contractors, a non-exclusive, worldwide, perpetual, irrevocable, non-terminable, sublicensable (through multiple tiers), fully paid-up, royalty-free, assignable and transferable intellectual property rights license as to Authorized Derivatives, to make, use, reproduce, modify, adapt, create derivative works of, improve, extend, enhance, translate, distribute (directly and indirectly, in any medium, under terms of choice), combine, compile, transmit, display and perform publicly, license, rent, lease, and manufacture, sell, offer to sell, and import, Authorized Derivatives, for any commercial or non-commercial purpose. For clarity, you are not obligated to deliver or provide access to your Authorized Derivatives to us.

2.5	Reverse Engineering. You will not reverse engineer, modify, decompile, disassemble or otherwise attempt to derive the source code, interfaces or other information from the binary or obfuscated components of the Embedl Hub Software, or work around technical protections or limitations associated with the Embedl Hub Software, except and only to the extent that: (a) such activity is expressly permitted by directly applicable law notwithstanding this limitation; (b) it is essential to engage in such activity in order to obtain information needed to achieve interoperability of independently created software with the Embedl Hub Software, or to correct errors; (c) such activity is confined to those parts of the Embedl Hub Software which are necessary to achieve interoperability or correct errors; and (d) we have not made such information available to you under reasonable terms and conditions. Any information supplied to or obtained by you under this section as a result of reverse engineering may only be used by you for the purpose described in this section, and will not be disclosed to any third party or used to create any software that is substantially similar to the Embedl Hub Software.

2.6	Our Marks. You agree that any use of our marks, branding and logos, including Embedl-Hub ("Marks"), whether permitted or otherwise, will inure to our sole beneﬁt. You will not directly or indirectly: (a) ﬁle or prepare any application for registration of any Marks; (b) assert any right, title, license to, or interest in the Marks; or (c) adopt, use, ﬁle for registration, or register, in whole or in part, any trademark, service mark, trade name, logo, or domain name which may be confusingly similar to or an infringement of the Marks or any of our domain names.

3.0 ACCESS TO THE EMBEDL HUB SOLUTION

3.1	Availability. Subject to your compliance with these Terms, we will use reasonable efforts to make the Embedl Hub Solution available. You acknowledge that your decision to use the Embedl Hub Solution is not reliant or dependent on the availability of any current or future functionality, products, or features, or on any oral or written public or private comments or representations made by us, reliance on which you hereby disclaim. You may not use the Embedl Hub Solution if you are barred from doing so under the laws of the United States or other countries including the country in which you are resident or from which you use the Embedl Hub Solution. If you are using the Embedl Hub Solution on behalf of a company, you warrant that you have full power and authority to bind such company to these terms.

3.2	Consent to Privacy Policy; Emails. You agree and consent to the Privacy Policy and to receive email messages from us, which may be transactional, for account management purposes, or for communications relating to or provided as part of the Embedl Hub Solution, including notifications related to Support Services, administrative notices and service announcements or changes. You agree that we are not acting in the role of data processor for you.

3.3	Reservation of Rights. We retain all right, title and interest in and to the Embedl Hub Solution and our Content, and all associated intellectual property rights. We grant no licensed rights to our patents. The user interface, user experience, icons, presentation layer and elements, reports, layouts, and screen displays of or generated by the Embedl Hub Solution are our copyrightable content, our trade dress and our trademarks and servicemarks. You will not use, reproduce, distribute, or deploy the Embedl Hub Solution, except for your own personal use or your own business operations, and solely in accordance with these Terms.

4.0	USE OF THE EMBEDL HUB SOLUTION

4.1	Necessary Systems. Access to and ability to effectively use the Embedl Hub Solution is conditioned on your procurement at your expense of all necessary system, hardware, software, operating environment, connectivity, and network access. You acknowledge that use of the Embedl Hub Solution requires connection to, and data transfers over, the network and therefore may impact your data usage charges imposed by your wireless operator or other service provider, and may impact usage limitations imposed by Third Party Applications.

4.2	Feedback. You agree that we may freely use and exploit in perpetuity any feedback, requirements, recommendations, ideas, bug fixes, reviews, ratings, comments, suggestions, or improvements, that you, or any employee or agent thereof, may at any time disclose or submit to us relating to the Embedl Hub Solution for our business purposes, including for product, services or solution sales, licensing, support and development, without any obligation or payment to you.

4.3	Information. You hereby consent to our collection and use of anonymized data (including meta-data, analytical, diagnostic and technical data, AI and/or machine learning data, and usage statistics) concerning or arising from your use of the Embedl Hub Solution in order to provide the functionality of and improve the Embedl Hub Solution, for product and service development and marketing purposes, to protect against viruses and malware, and for verifying Terms compliance.

4.4	Unauthorized Use. You will not use the Embedl Hub Solution or participate in any activities via the Embedl Hub Solution in a manner that is likely to be prohibited by law or these Terms or violative of third party rights in any applicable jurisdiction, including intellectual property rights. Your use of the Embedl Hub Solution must be in full compliance with applicable law. You will not use, or enable or permit the use of the Embedl Hub Solution to store or transmit infringing, libelous, offensive or otherwise unlawful or tortious material or data or in violation of privacy rights, or to transmit malicious code, viruses, time bombs, Trojan horses, or similar mechanisms, scripts, agents, bots or programs. You will not use or access the Embedl Hub Solution: (a) if you are a Competitor or operating on behalf of a Competitor; or (b) for purposes of monitoring availability, performance or functionality, or for any other benchmarking or competitive purposes.

4.5	Notifications to You. For purposes of service messages and notices about the Embedl Hub Solution to you, we may post messages via relevant support resources, or place a banner notice across site pages to alert you to certain changes such as modifications to these Terms. Alternatively, notice may consist of an email from us to an email address associated with your account, even if we have other contact information. You also agree that we may communicate with you in relation to your account and these Terms through your account or through other contact information that you have provided to us, including email, mobile number, telephone, or delivery services.

4.6	Notifications to Us. If you believe that you are entitled or obligated to act contrary to these Terms under any mandatory or applicable law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least thirty days before you act, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so. To be effective, notices to us must be sent to legal@embedl.com.

5.0	ACCESS INFORMATION & CONTENT

5.1	Access Information. You are wholly responsible for maintaining the confidentiality of Access Information and wholly liable for all activities occurring under such Access Information. You will not transfer to any party Access Information, or use access information of another, without our prior written consent. You will immediately notify us of any unauthorized use of Access Information or any other breach of security via email sent to legal@embedl.com. We will not be liable for any loss or damage arising from lost or forgotten Access Information (including associated loss of Content), from failure to comply with this section or from unauthorized use of Access Information.

5.2	Responsibility for Content. Your Content is your sole responsibility. We will have no responsibility or liability for the deletion or failure to store any Content or user data. We reserve the right to mark as inactive and archive accounts that are inactive for an extended period of time. It is your sole responsibility to back up all Content and end user data. We may preserve and disclose Content if required to do so by law or judicial or governmental mandate or as reasonably necessary to protect the rights, property or safety of us, users and/or the public. We may terminate Embedl Hub Solution access, and disable Embedl Hub Software, in response to a violation or suspected violation of these Terms.

5.3	Use of Content. You will bear all risks associated with the use of any Content, including any reliance on the quality, integrity, accuracy, completeness, or usefulness of such Content. We may refuse or delete any Content, including Content of which we become aware that fails to fulfill the purpose of the Embedl Hub Solution, is in breach of these Terms, is otherwise contrary to law, or is otherwise inappropriate in our discretion. We do not guarantee the accuracy, integrity or quality of any Content. Under no circumstances will we be liable in any way for any Content, including, but not limited to, liability for any errors, inaccuracies, or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content. We will have no obligation or liability to maintain, store, or license Content, protect and maintain Content owners' intellectual property rights, or to enforce these Terms. You hereby waive and release any claims you may have against us arising or resulting from use or misuse of Content or your inability to effectively use Content, your failure to comply with these Terms, or for any act, omission, or conduct of any Embedl Hub Solution user.

5.4	Account Data. While we will endeavor to back up data, we have no responsibility or liability for the deletion or failure to store any Content. You acknowledge and agree that your Content will not be retrievable or accessible except via your authorized use of the Embedl Hub Solution, and that we are under no obligation to compile and return to you your Content, including if you elect to deactivate your account, except as we may otherwise agree in writing.

5.5	License to Content. You hereby grant to us the perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, non-exclusive right and license to use, reproduce, modify, create derivative works of, perform, display and distribute Content solely for purposes of developing, displaying, maintaining, and providing the Embedl Hub Solution.

6.0	THIRD PARTY APPLICATIONS

Access to Third Party Applications within the Embedl Hub Solution will not be construed as an endorsement, sponsorship or affiliation. Use of Third Party Applications may require your agreement to separate written terms and conditions. Under no circumstances will we be liable in any way for Third Party Applications, including, but not limited to, liability for any errors or omissions in any Third Party Applications, or for any loss or damage of any kind incurred as a result of the use of the Third Party Applications. You hereby waive and release any claims you may have against us arising or resulting from use, misuse, alteration or loss of the Third Party Applications. If the providers of Third Party Applications cease to make such Third Party Applications available for interoperation with the Embedl Hub Solution or corresponding features of the Embedl Hub Solution and on reasonable terms or otherwise, we may cease providing such some or all features of the Embedl Hub Solution, without entitling you to any refund, credit or other compensation. Certain components or libraries included in or bundled with the Embedl Hub Software may be covered by open source licenses. To the extent required by such open source licenses, the terms of such licenses will apply in lieu of the terms of this SLA, solely with respect to those libraries or components that are licensed under such open source licenses.

7.0	SUPPORT SERVICES

Subject to your compliance with these Terms, we may provide the following Support Services:

    * commercially reasonable efforts to provide email help desk, query and incident support, in support of your use of the Embedl Hub Solution.
    * implementation of all upgrades, enhancements, ports, bug fixes, and new releases to the Embedl Hub Solution when and if, in our sole discretion, developed and released by us.

8.0	EMBEDL HUB SOLUTION INTEGRITY

8.1	Prohibited Acts. You are prohibited from breaching or attempting to breach any security features of the Embedl Hub Solution, including, without limitation: (a) accessing content, data, information or materials not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Embedl Hub Solution, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with use of the Embedl Hub Solution by any user, host, or network, including, without limitation, by means of submitting a virus, overloading, flooding, spamming, mail bombing, or crashing; (d) publishing or linking to malicious content intended to damage or disrupt another user's browser or computer or to compromise a user's privacy or anonymity; (e) forging any TCP/IP packet header or any part of the header information; (f) accessing or tampering with non-public areas of the Embedl Hub Solution, our computer systems, or the technical delivery systems of us or our providers; (g) publish, post, upload or otherwise transmit any data, material, information or content that contains any viruses, trojan horses, worms, time bombs, corrupted files or programming routines or mechanisms that are intended to damage, interfere with, monitor, intercept or expropriate any systems, data, information or property; (h) accessing or attempting to access the Embedl Hub Solution by any means (automated or otherwise) other than through the currently available, published or enabled interfaces that are provided by us, unless you have been specifically allowed to do so in a separate agreement with us; or (i) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code or other information used by us in providing the Embedl Hub Solution.

8.2	Illicit Access. You will not attempt to gain unauthorized access to other accounts, computer systems or networks connected to any of our servers, through hacking, password mining or any other means. You will not obtain or attempt to obtain any materials or information through any means not intentionally made available to you through the Embedl Hub Solution, which is for your personal/internal and individualized use only. Without limiting the generality of the foregoing, you will not publish, distribute or transmit to the general public via any medium the Embedl Hub Solution, except through and as otherwise authorized by us, and you will not engage in framing, mirroring, or otherwise reproducing or simulating the appearance or function of the Embedl Hub Solution. You will not remove any copyright, trademark or other proprietary rights notices associated with or visible via use of the Embedl Hub Solution.

9.0	DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY & INDEMNITY

9.1	Disclaimer. TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW, we provide the Embedl Hub Solution on an as-is, as-available basis with all faults, and WE DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE EMBEDL HUB SOLUTION, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Specifically, we make no warranty that (a) the Embedl Hub Solution will meet your requirements, goals or needs, (b) Embedl Hub Solution access will be uninterrupted, timely, secure or error-free, or (c) any errors or deficiencies in the Embedl Hub Solution will be corrected. Because no online system is perfectly secure or reliable, the internet is an inherently insecure medium, and the reliability and security of hosting services, internet intermediaries, your internet service provider, and other application or service providers cannot be assured, you accept such inherent security risks associated with your use of the Embedl Hub Solution.

9.2	Exclusion. Notwithstanding any other provision of these Terms, our maximum cumulative aggregate liability for all claims, liabilities or obligations arising under or relating to the "Subject Matter" (defined as these Terms, the Privacy Policy, Third Party Applications, the Embedl Hub Solution, and all or any of the foregoing), regardless of the number of claims or the theory of liability, whether for breach of these Terms, including breach of warranty, or in tort or otherwise, will not exceed all amounts paid by you for Use Licenses, if any, during the three-month period preceding the occurrence of the claim or event giving rise to liability. We will not be liable for any indirect, punitive, special, incidental or consequential damages, or liable for interruption of business, diminution of value, cost of replacement, downtime, loss of profits, revenue, use, data, Third Party Applications, or other economic advantage, in connection with, related to or arising out of the Subject Matter, regardless of the theory of liability, whether for breach of these Terms, including breach of warranty, or in tort or otherwise, even if we have been previously advised of the possibility of such damages. Liability for damages will be so limited and excluded, regardless of the validity or efficacy of any remedy provided herein and even if any remedy fails of its essential purpose. The provisions of this section allocate the risks under these Terms between the parties and each party has relied upon the limitations set forth herein in determining whether to enter into this relationship. The parties have voluntarily agreed to define the parties' rights, liabilities and obligations respecting the Subject Matter exclusively in contract pursuant to these Terms, each party expressly disclaims that such party is owed any duties or are entitled to any remedies not expressly set forth in these Terms, and each party waives recovery of any remedies or losses in excess of or of a kind excluded by this section. The foregoing limitations and exclusions apply to the maximum extent permitted by applicable law.

10.0 TERMINATION

Rights to the Embedl Hub Software and access to the Embedl Hub Solution will terminate immediately upon your breach of these Terms. We may additionally terminate rights and access if your manner of using the Embedl Hub Solution exceeds normal and reasonable usage, including via unauthorized automated (non-human) initiated requests, or otherwise, and such excessive or detrimental use has not been corrected by you promptly. We may on written notice terminate rights granted under these Terms in the event the Embedl Hub Solution in whole or in part is in our reasonable judgment subject to the intellectual property rights of any other person or entity or in the event we cease business operations. The rights of ours under this section are in addition to any other rights and remedies permitted by law or under these Terms. Breach of these Terms may result in pursuit of all available remedies for intellectual property rights (including intellectual property rights infringement), the availability of which you hereby acknowledge. Your Use License automatically terminates in the event of: (a) violation of these Terms; (b) abuse of our resources or any attempt to gain unauthorized entry to the Embedl Hub Solution or its functionality; (c) use of the Embedl Hub Solution in a manner inconsistent with its purpose; or (d) requirements of or for failure to comply with applicable law, regulation, court or governing agency order. Upon termination of rights or access for any reason, all licensed rights granted under these Terms, access to the Embedl Service, and all Support Services will terminate, and you will immediately cease all use, and destroy all copies, of the Embedl Hub Software.

11.0 GENERAL PROVISIONS

11.1 Governing Law. The Subject Matter (as defined in section 9.2), and any disputes between us and related to or concerning any of the Subject Matter (including tort as well as contract claims, and whether pre-contractual or extra-contractual), notwithstanding the choice of laws rules of any jurisdiction to the contrary, will be governed by the procedural and substantive laws of Sweden. The United Nations Convention on Contracts for the International Sale of Goods will not apply and is hereby excluded.

11.2 Arbitration. Any disputes between or claims brought by either party arising out of or related to the Subject Matter (as defined in section 9.2), including tort as well as contract claims, and whether pre-contractual or extra-contractual, as well as the arbitrability of any disputes shall be referred to and finally settled exclusively by binding arbitration before the International Court of Arbitration in accordance with the Rules of Arbitration of the International Chamber of Commerce in effect at the time of arbitration except as inconsistent with this section. The arbitration will be conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. If in-person appearance is required, such hearings will be held in New York City, New York if you reside in or are headquartered in North, Central or South America, or Stockholm, Sweden, if you reside or are headquartered anywhere else. The arbitrator will apply the law specified in this section. All awards may if necessary be enforced by any court having jurisdiction. The existence of any dispute, the existence or details of the arbitration proceeding, and all related documents, materials, evidence, judgments and awards therein, shall be kept confidential. Except as required by law, no party will make any public announcements with respect to the other party or the proceeding or the award, except as required to enforce same. The parties hereby waive the right to a trial by jury and agree to only bring claims in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. All disputes will be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator does not have the power to vary these provisions. All claims (excluding requests for injunctive or equitable relief) between the parties must be resolved via arbitration in accordance with this section. Should either party file an action contrary to this section, the other party may recover lawyers' fees and costs associated with enforcing this section, provided that the party seeking the award has notified the other party in writing of the improperly filed claim, and the other party has failed to withdraw the claim in a timely fashion.

Notwithstanding the foregoing, nothing in this section will preclude the right and ability to bypass arbitration and file and maintain at any time an action for recovery of injunctive or provisional relief or enforcement and/or redress of intellectual property rights in any court of competent jurisdiction under the laws applicable thereto, and either party's right to do so is not arbitrable. You hereby consent to the jurisdiction of such courts for such actions.

11.3 Assignment. These Terms will not be assigned, delegated, or transferred by you, in whole or in part, whether voluntarily, involuntarily, by merger, consolidation, dissolution, sale of assets, or otherwise, without our prior written consent. Any such purported assignment, delegation or transfer without such written consent will be void. We may at any time assign these Terms without prior consent or notice. These Terms will be binding on, and inure to the benefit of, the parties and their respective and permitted successors and assigns.

11.4 Injunctive Relief; Prevailing Party. You acknowledge and agree that breach of these Terms, or any unauthorized use, disclosure or distribution of the Embedl Hub Solution, may cause irreparable harm to us, the extent of which would be difficult to ascertain, and that we will be entitled to seek immediate injunctive relief (in addition to any other available remedies), in any court of competent jurisdiction under the applicable laws thereto (and such proceeding, and our right to prosecute such a claim, is not subject to arbitration). A party prevailing in any litigation or arbitration related to these Terms or the Embedl Hub Solution will be entitled, in addition to such other relief as may be granted, to an award of reasonable attorneys' fees.

11.5 Important Final Terms. The Terms constitute the entire agreement between you and us and govern your use of the Embedl Hub Solution, superseding any prior agreements, understandings, communications or proposals; except that these Terms do not override, supersede, or modify the terms of any written license agreement signed by you and us. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms will remain in full force and effect. No waiver of any provision of these Terms will be deemed a further waiver or continuing waiver or such provision or any other provision, and our failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision. In the event of any conflict or inconsistency between these Terms and any Embedl website page (including any page describing or summarizing the Embedl Hub Solution, your or our rights, obligations, and/or these Terms), these Terms will control. Nothing herein will be deemed to create an agency, partnership, joint venture, or franchisor-franchisee relationship of any kind between us and any user or other person or entity, nor do these terms extend rights to any third party. This SLA is in the English language only, which language will be controlling in all respects, and all versions of this SLA in any other language will be for accommodation only and will not be binding on you or us. All communications and notices made or given pursuant to this SLA, and all documentation and support to be provided, unless otherwise noted, will be in the English language.

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