SOFTWARE TERMS OF USE

OBYEDENENIE AGGREGATE, LLC

Effective starting: September 1, 2026

This Software terms of use (the “Agreement”) sets forth the mandatory terms and restrictions governing the use of the Software, the exclusive rights to which are held by Obyedenie Aggregate, LLC (hereinafter - “AggreGate”).

The right to use the Software may be granted to the User by:

AggreGate directly;
a Partner authorized by AggreGate;
a Customer that has obtained the right to grant the User the right to use the Software.

This Agreement governs the actual use of the Software and does not replace the agreement, specification, order or other document pursuant to which the User has been granted the right to use the Software.

By installing, copying, activating, launching or otherwise commencing use of the Software, a person confirms:

its full and unconditional acceptance of this Agreement;
that it has a lawful basis for using the Software;
that it has the requisite authority to act on behalf of the legal entity for whose benefit the Software is used.

If a person does not agree to this Agreement or has no lawful basis for using the Software, that person must refrain from installing, activating and using the Software.

AggreGate may amend this Agreement by posting a new version on the Website. The new version applies to Licenses granted after its publication date and to new versions of the Software whose use commences after the new version of the Agreement takes effect.

1. TERMS AND DEFINITIONS

“Authorized User”: means an individual who is an employee, representative or contractor of the User and has been given access to the Software solely for the purposes of the activities of the relevant User or Permitted Affiliate. An Authorized User acquires no independent right to use the Software.
“Free License”: means a License to the Software with limited functionality, granted by AggreGate free of charge.
“Documentation”: means any written or electronic documents relating to the Software that may be provided to the User.
“Rights Grant Document”: means a license or sublicense agreement, specification, order, license certificate, acceptance certificate, universal transfer document (UPD) or other document specifying the name and composition of the Software and the quantity, term and scope of the rights granted.
“Order”: means an online order form containing the User’s contact details, parameters of the selected license, subscription period, amount, payment method and other order information.
“Customer”: means a person acquiring the right to use the Software from AggreGate, a Partner or another authorized person. The Customer may use the Software itself, grant Authorized Users access to it and, where it holds the relevant right, arrange for Permitted Affiliates to use the Software.
“Intellectual Property”: means any results of intellectual activity of AggreGate, whether existing or created in the future.
“Licensor”: means AggreGate, a Partner, a Customer or another person lawfully granting the right to use the Software to the next participant in the licensing chain.
“Software License”: means a non-exclusive right to use the Software within the scope, for the term, in the territory and for the number of servers, devices, users, modules or other licensing units specified in the Rights Grant Document, subject to the mandatory restrictions in this Agreement.
“Partner”: means a legal entity or individual entrepreneur that has obtained from AggreGate or another authorized person the right to grant third parties the right to use the Software under sublicense agreements.
“AggreGate”: means Obyedinenie Aggregate, Limited Liability Company, incorporated under the laws of the Russian Federation, with its registered address at 28/2 Tchaikovsky Avenue, Tver, 170100, Russian Federation, and holding the exclusive rights to the Software.
“User”: means the Customer, another person identified in the Rights Grant Document, or a Permitted Affiliate for whose benefit the Software is installed, accessed or actually used.
“Trial Version”: means a version of the Software used for review and evaluation of the Software for a limited period.
“Software”: means any software (including White Label Software) to which AggreGate holds the exclusive rights.
“White Label Software”: means Software modified by AggreGate or by the Customer with AggreGate’s consent so that Derivative Products reflect the Customer’s corporate identity, logos and trademarks, while audiovisual displays, corporate identity elements, logos and trademarks belonging to AggreGate have been removed from the Software itself and its documentation.
“Derivative Product”: means a software product, module, configuration or other solution created using the Software. Ownership of the exclusive rights to a Derivative Product is determined by the Rights Grant Document or a separate agreement with AggreGate. Creation of a Derivative Product does not transfer the exclusive rights to the Software components incorporated in it.
“Permitted Affiliate”: means a legal entity affiliated with the Customer and expressly identified in a specification, order or other Rights Grant Document as a person permitted to use the Software.
“Technical Support Regulations”: means the document published on the Website setting out the procedures and terms for providing technical support for the Software.
“Website”: means AggreGate’s website at https://aggregate.digital/

2. ACCEPTANCE OF THE AGREEMENT AND USER REGISTRATION

2.1. The User accepts this Agreement by any of the following means:

installing, activating or first launching the Software;
checking the relevant box in the Software interface;
signing a Rights Grant Document that refers to this Agreement;
commencing use of the Software after having had an opportunity to review this Agreement.

2.2. An Authorized User accepting this Agreement on behalf of the User represents that the Authorized User has the requisite authority.

3. RIGHTS TO THE SOFTWARE

3.1. The right to use the Software is granted to the User by the relevant Licensor and evidenced by a Rights Grant Document. This Agreement sets out mandatory terms and restrictions governing the actual use of the Software but does not itself evidence the grant of any particular License, its payment, term or number of licensing units.

3.2. The Software may be deployed:

in the Customer’s infrastructure;
in a Permitted Affiliate’s infrastructure;
in a Partner’s infrastructure;
in AggreGate’s infrastructure;
in the infrastructure of a data center operator or cloud service provider engaged by the Customer.

Hosting the Software in the infrastructure of a Partner, data center operator or cloud service provider does not grant that person an independent right to use the Software without the relevant License.

3.3. The User may not grant third parties an independent right to use the Software, except for:

granting access to Authorized Users;
arranging for use by Permitted Affiliates;
granting the right to use the Software to the next participant in the licensing chain, if the right to grant further sublicenses is expressly provided for in the Rights Grant Document.

3.4. The User is granted the following rights to use the Software:

to install and run the Software within the limits set out in the Rights Grant Document;
to use the Software’s functionality for the internal business, production and other lawful purposes of the User and Permitted Affiliates;
to make archival and backup copies in the number necessary to safeguard and restore the Software, provided copyright notices are retained.

Use of the Software as part of the User’s own products and services, creation of Derivative Products, modification, commercial distribution and use of AggreGate’s identifiers are permitted only if expressly authorized in the Rights Grant Document.

3.5. AggreGate makes no warranties concerning software of other vendors that may be supplied together with or as part of the Software.

3.6. Software updates are available to the User as part of the provision of technical support.

3.7. AggreGate reserves the right, at its discretion, to update, correct errors in and modify the Software at any time.

3.8. A Trial Version of the Software is available to the User to review and test the Software’s capabilities under limited-use conditions. AggreGate reserves the right, at its sole discretion, to terminate the User’s access to the Trial Version at any time.

3.9. AggreGate may grant the User a Free License to the Software for an indefinite term solely for non-commercial use. The User may not use the Free License in commercial projects or in the User’s business activities.

3.10. The non-exclusive rights granted to the AggreGate Network Manager Derivative Product permit its use solely for the User’s network monitoring and IT infrastructure management purposes.

3.11. The non-exclusive rights granted to the AggreGate SCADA/HMI Derivative Product permit its use solely for the User’s production dispatch management and data collection purposes.

3.12. The non-exclusive rights granted to the AggreGate Building Automation Derivative Product permit its use solely for the User’s building and facility automation purposes.

3.13. The non-exclusive rights granted to the AggreGate Data Center Supervisor Derivative Product permit its use solely for the User’s data center automation and supervisory control purposes.

3.14. The non-exclusive rights granted to the AggreGate Edge Derivative Product permit its use solely for the User’s edge computing purposes and for data collection and visualization on hardware gateways and industrial computers.

3.15. The User must use Low Code configurations received from the Licensor as part of the Software solely on the Software server on which the license including those configurations was activated. Transferring or copying Low Code configurations between servers is prohibited.

4. RESTRICTIONS ON USE

The User undertakes to comply with, and to ensure that all persons to whom it grants access to the Software, including users of Derivative software products, comply with, the prohibition on the following acts:

modifying or adapting any part of the Software, except as provided in the Rights Grant Document;
copying (except for archival and backup copies), distributing (except as expressly provided in the Rights Grant Document), selling or leasing the Software;
using the Software API to input any types of machine data into the Software and its data storage systems;
disassembling, decompiling, reverse engineering or otherwise attempting to disclose the Software’s source code, or permitting third parties to do so;
using the Software to obtain, store or transmit any data that may infringe the intellectual property rights of others or that was obtained unlawfully;
using the Software to store, transmit or process data that is unlawful, facilitates unlawful activity or causes harm to any person or property.

If the User breaches these restrictions, AggreGate may unilaterally revoke the Software License granted to the User.

5. EXCLUSIVE RIGHTS OF THE RIGHTS HOLDER

5.1. All exclusive rights to the Software, including, without limitation, any images, demo recordings, source code, intermediate files, packages included in the Software and accompanying documentation, constitute Intellectual Property of AggreGate.

5.2. The Software may contain third-party components subject to additional requirements and terms. The User acknowledges and agrees that full use of the Software may require certain third-party components not included in the Software. Access to and lawful use of such components are governed by the terms of the license agreement accompanying them. The User is solely responsible for compliance with third-party license agreements.

5.3. The Software is protected by laws and international treaties concerning copyright and other intellectual property rights. The Software is licensed, not sold or assigned. This Agreement grants the User no rights to AggreGate’s trademarks or service marks.

5.4. The User retains all rights in the data it provides for use in the Software. Under this Agreement, and solely to the extent necessary to provide the Software, the User grants AggreGate a license for a limited term to access, use, process, copy, distribute and display such data.

5.5. AggreGate may use information about its cooperation with the User in its marketing materials unless the User states otherwise by sending notice to aggregate-info@tibbo.com

6. WARRANTIES

6.1. AggreGate warrants that it holds all rights necessary to grant the User the right to use the Software. AggreGate has not infringed any copyright, related rights or other rights of third parties, and all authors of the Software have been paid their author’s remuneration in full.

6.2. AggreGate warrants that, in creating the Software, information was obtained from lawful sources. No state secrets or official or commercial secrets of third parties have been compromised.

6.3. AggreGate implements and maintains physical, technical and administrative security measures designed to protect the User’s data against unauthorized access, destruction, use, modification or disclosure. The Licensor also maintains a compliance program that includes independent third-party security audits.

6.4. AggreGate gives no warranties other than that the Software generally conforms to its intended purpose and technical descriptions. The Software is provided “as is” without any warranties, including any warranty of merchantability, fitness for a particular purpose or non-infringement. AggreGate further does not warrant that the Software is error-free, will meet the User’s requirements or will operate properly when used with third-party software and hardware. The User assumes all risks concerning the quality and operation of the Software.

6.5. The User bears the costs of acquiring and maintaining all computer and other equipment required to access or use the On-Premise Software, as well as all related third-party software and hosting costs.

7. LIABILITY OF THE PARTIES

7.1. The Parties are liable for failure to perform or improper performance of their obligations under this Contract in accordance with applicable Russian law and this Agreement.

7.2. The User is liable for the acts and omissions of its Authorized Users and Permitted Affiliates relating to the installation of, access to and use of the Software as for its own acts and omissions.

7.3. If the User breaches this Agreement, AggreGate may require the User to remedy the breach immediately and may terminate and/or refuse to grant rights to the Software without compensation for any losses or incurring liability. The User must also compensate AggreGate for all losses incurred in connection with such breaches.

7.4. Termination of a License or this Agreement does not release the User or other participants in the licensing chain from liability for breaches committed while they were in effect.

8. DISPUTE RESOLUTION

8.1. All matters not governed by this Agreement are subject to the applicable laws of the Russian Federation.

8.2. The Parties undertake to make every effort to resolve disputes and disagreements arising under this Agreement through negotiations and the pre-litigation claims procedure.

8.3. Any disputes or disagreements arising out of or in connection with this Agreement that are not resolved through negotiations and the pre-litigation claims procedure shall be heard by the Arbitrazh Court of the City of Moscow.

9. LIMITATION OF LIABILITY

9.1. Under no circumstances shall AggreGate be liable to the User for any losses, business interruption, loss of business or other data or information, claims or expenses, actual damages, lost profits or lost savings arising from the use of or inability to use the Software, or for losses caused by possible errors in the Documentation.

9.2. AggreGate is not responsible for the operation of the Software in the event of damage to the User’s storage media, computer viruses, power failures, equipment malfunction, intentional damage or failure to follow operating instructions (including attempts to circumvent protection mechanisms).

9.3. AggreGate is not responsible for problems in the operation of the Software associated with the use of counterfeit operating system, network or application software.

9.4. AggreGate shall not consider any claim by the User made more than one calendar year after the date on which the User became aware, or should have become aware, of the circumstances giving rise to the claim.

10. MISCELLANEOUS

10.1. The invalidity of any one or more provisions of this Agreement does not invalidate the Agreement as a whole. No delay by either Party in exercising any of its rights shall be construed as a waiver of those rights.

10.2. The Parties are released from liability for failure to perform or improper performance of their obligations under this Agreement in the event of force majeure circumstances directly or indirectly preventing performance of this Agreement, namely circumstances beyond the Parties’ control which they could not have foreseen when entering into the Agreement or prevented by reasonable means upon their occurrence.

10.3. The User is responsible for any acts associated with use of the Software License, including data storage and use of Derivative Works.

10.4. The User is fully responsible for granting any third party the right to use its data. AggreGate is not responsible for any access granted by the User to its data, for use of such data by third parties or in their products or services, or for the security or confidentiality of the activities of any third-party provider or its products or services.

10.5. In the event of any conflict between this Agreement and a Rights Grant Document:

the name, composition and scope of the Software, term, territory, number of licensing units, amount of consideration, payment procedure and terms of Technical Support shall be determined by the Rights Grant Document;
mandatory restrictions on use, the prohibition on circumvention of technical protection measures, unlawful distribution and infringement of exclusive rights shall be determined by this Agreement.

Questions concerning this Software terms of use may be sent to the AggreGate at aggregate-info@tibbo.com