Software License Agreement (EULA)

Subject to compliance with this EULA, Dino RD&C grants Customer a:

• perpetual (for the operating life of the Appliance and successor Appliances under the same license);
• non-exclusive;
• non-sublicensable;
• non-transferable (except as provided in Section 4);
• worldwide (currently restricted to the United States — see Section 11);

license to use the Software solely on a Dino-supplied Appliance for the operation of one (1) business owned and controlled by Customer.

A “business” means a single legal entity, including its branches and locations operating under a common ownership structure. A franchisee operating under a master franchisor’s brand is a separate business.

2.1 Dino RD&C will provide:

• (a) Software updates to address defects, security issues, and feature enhancements, delivered to the Appliance for the lifetime of the license;
• (b) Email support during business hours; and
• (c) AI-powered self-service support inside BOS at all times.

2.2 Updates and support are conditioned on Customer’s continued compliance with the Terms of Service and the Acceptable Use Policy. Dino RD&C may suspend updates and support during a material uncured breach.

2.3 If Dino RD&C ceases operations, Customer’s Software and license remain valid and the Appliance continues to function offline as designed. Updates, cloud relays operated by Dino RD&C, and support will not continue after cessation.

3.1 The license is bound to a specific Appliance identifier at activation.

3.2 As Customer’s business scales, Customer may move the license to a higher-tier Appliance purchased from Dino RD&C. Dino RD&C will reissue the license activation upon receipt of a written request and verification.

3.3 The license cannot be split across multiple Appliances or used to operate more than one business simultaneously.

4.1 If Customer sells the business that the Software operates (whether by asset sale, equity sale, merger, or similar), the license may be transferred to the acquiring entity, provided that:

• (a) Customer gives Dino RD&C written notice of the transfer at least ten (10) business days in advance;
• (b) The acquiring entity agrees in writing to the Terms of Service and this EULA; and
• (c) The acquiring entity is not in material breach of any prior agreement with Dino RD&C.

4.2 The acquiring entity inherits the license for the same single business that Customer operated. The license does not authorize the acquiring entity to add any additional businesses to the Software.

Customer will not, and will not permit any third party to:

• (a) reverse engineer, decompile, disassemble, or attempt to derive the source code of the Software, except to the limited extent permitted by applicable law notwithstanding this restriction;
• (b) modify, translate, or create derivative works of the Software, except for configuration and customization within the features Dino RD&C exposes;
• (c) sublicense, rent, lease, sell, resell, or otherwise transfer the Software to any third party (except as expressly permitted in Sections 3 and 4);
• (d) operate the Software as a multi-tenant service, software-as-a-service, application service provider, or hosted offering for the benefit of third parties;
• (e) use the Software, or any portion of it, to develop, train, or improve a product that competes with Dino RD&C;
• (f) remove, obscure, or alter any proprietary notices, trademarks, or attributions in the Software;
• (g) circumvent any technical limitations, license-enforcement mechanisms, or security features of the Software or Appliance;
• (h) disable, alter, or circumvent the AI-disclosure announcement at the start of voice interactions or the recording-consent disclosure;
• (i) use the Software in a manner that violates the Acceptable Use Policy or applicable law;
• (j) use the Software to create, train, or fine-tune AI models on data belonging to any third party without that third party’s lawful consent.

The Software incorporates open-source software components. The applicable open-source licenses are reproduced in the documentation accompanying the Software and prevail over this EULA solely to the extent of any conflict, and only with respect to the open-source components themselves.

7.1 Dino RD&C and its licensors retain all right, title, and interest in and to the Software, including all updates, modifications, and derivative works, and all related intellectual property rights.

7.2 No rights are granted to Customer by implication, estoppel, or otherwise, except as expressly granted in this EULA.

8.1 Customer owns Customer Data and the outputs the Software generates from Customer Data, as set out in the Terms of Service.

8.2 Dino RD&C does not use Customer Data to train, fine-tune, or refine cross-customer models or skills. All distillation and refinement happens on Customer’s Appliance.

9.1 This EULA terminates automatically if Customer materially breaches this EULA and fails to cure within thirty (30) days of written notice from Dino RD&C, or immediately if cure is not possible.

9.2 On termination, Customer must stop using the Software. Customer may export Customer Data using the export functions in BOS prior to termination.

9.3 Sections 5, 7, 9, 10, 11, and 12 survive termination.

THE SOFTWARE IS LICENSED “AS IS.” DINO RD&C DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT AS STATED IN THE TERMS OF SERVICE. AI OUTPUTS ARE ASSISTIVE AND MAY BE INCORRECT; CUSTOMER IS RESPONSIBLE FOR REVIEW BEFORE RELYING ON ANY AI OUTPUT FOR MATERIAL BUSINESS ACTIONS.

The Software is subject to United States export-control laws. Customer will not export, re-export, or transfer the Software to any country, person, or entity prohibited by US Export Administration Regulations, the Office of Foreign Assets Control, or analogous laws. Dino RD&C currently sells and ships only within the United States.

12.1 This EULA is governed by the laws of the State of Wyoming, USA. Disputes are resolved as set out in the Terms of Service.

12.2 If any provision of this EULA is held unenforceable, the remainder will continue in full force.

12.3 In the event of conflict between this EULA and the Terms of Service, the Terms of Service prevail except as to provisions specifically dealing with the licensing of the Software, in which case this EULA prevails.

Dino RD&C LLC

5830 E 2nd St

Casper, WY 82601, USA

[email protected]