End User License Agreement

1. Acceptance, Parties, and Scope

This End User License Agreement ("EULA", "License Agreement", or "Agreement") is a legally binding contract between you ("Licensee", "You", or "User") and XD's Cloud ("XD's Cloud", "we", "our", "us", or the "Licensor") governing your installation, access to, and use of the client software applications and programmatic interfaces distributed by XD's Cloud.

By downloading, installing, copying, activating, accessing, or otherwise using the Software, or by clicking to accept this Agreement, you acknowledge that you have read, understood, and agree to be bound by this EULA. If you do not agree to any part of this EULA, you must not download, install, or use the Software, and you must immediately delete or destroy any copies in your possession or control.

Scope: This EULA applies specifically to the following distributable software components: (a) the XD's Cloud Desktop Application for Windows, macOS, and Linux; (b) the XD's Cloud iOS Application distributed via the Apple App Store or TestFlight; (c) any command-line tools, software development kits, sample code, scripts, browser extensions, or client libraries we make available; and (d) API keys and programmatic access credentials issued to you for machine access to the platform.

What this EULA does not cover: The underlying hosted cloud hosting, server management, storage, container orchestration, networking, and related online services accessed through the Software (the "Services") remain governed by the XD's Cloud Terms of Service and Privacy Policy. This EULA supplements those documents and does not replace them. Your account, billing, acceptable use, and data handling obligations continue to be governed by the Terms of Service and Privacy Policy at all times.

If you are accepting this EULA on behalf of a company, organization, or other legal entity, you represent and warrant that you have full authority to bind that entity to this EULA, and "you" refers to that entity.

2. Definitions

"Software" means the XD's Cloud Desktop Application, the XD's Cloud iOS Application, any associated client libraries, command-line tools, SDKs, sample code, configuration files, installers, and all Updates, Upgrades, patches, and Documentation supplied by XD's Cloud, in object code or any other form. "Desktop Application" means the native desktop client for Windows, macOS, and Linux distributed by XD's Cloud. "Mobile Application" or "iOS Application" means the XD's Cloud application distributed through the Apple App Store, TestFlight, or other authorized channel. "License" means the limited rights granted to you under Section 3 of this EULA. "Licensee" means the individual or legal entity that has accepted this EULA and holds a valid XD's Cloud Account in good standing.

"Documentation" means user manuals, technical documentation, installation guides, API references, release notes, and other materials made available by XD's Cloud describing the operation or use of the Software. "Updates" means bug fixes, patches, security fixes, maintenance releases, and minor revisions to the Software. "Upgrades" means new versions of the Software containing materially new features or functionality. "Third-Party Components" means software, libraries, frameworks, runtimes, fonts, and other materials owned by third parties that are embedded in, bundled with, linked by, or distributed alongside the Software.

"Authorized Device" means a computer, mobile device, virtual machine, or container instance that is owned or lawfully controlled by you and on which you are permitted to install the Software under this EULA. "Account" means your registered XD's Cloud account as defined in the Terms of Service. "API Key" means any token, secret, internal token, key, certificate, or other credential issued by XD's Cloud for programmatic access to the Services. "Intellectual Property Rights" means patents, copyrights, moral rights, trademarks, trade secrets, database rights, and all other proprietary rights recognized in any jurisdiction.

3. Grant of License

Licence Grant: Subject to your continuous compliance with this EULA, the Terms of Service, and payment of all applicable fees, XD's Cloud grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use the Software in object code form solely for the purpose of accessing and interacting with the Services through your Account.

Permitted Use: The License permits you to:

• Install and run the Desktop Application on Authorized Devices that you own or lawfully control, for use by you or, in the case of an entity Licensee, by your authorized employees and contractors acting on your behalf
• Install and run the iOS Application on Apple-branded devices that you own or control, in accordance with the Apple Media Services Terms and the Usage Rules therein
• Make a single copy of the Software solely for backup or archival purposes, provided all proprietary notices are reproduced on the copy
• Use the Documentation internally in support of your permitted use of the Software
• Use issued API Keys to make programmatic calls to the Services within your Plan limits, as further described in Section 9

Licence Conditions: The License is conditional upon (a) your Account remaining active and in good standing; (b) your compliance with all applicable Plan limits, quotas, and rate limits; (c) your compliance with the Acceptable Use Policy set out in the Terms of Service; and (d) your compliance with all applicable laws. Any use of the Software outside the scope expressly granted in this Section constitutes both a breach of this EULA and an infringement of XD's Cloud's Intellectual Property Rights.

Reservation of Rights: All rights not expressly granted to you in this EULA are reserved by XD's Cloud and its licensors. No licence is granted by implication, estoppel, exhaustion, or otherwise.

No Fee for the Software Itself: The Software is provided as a client for the Services. Fees you pay are for the Services under your Plan, not for ownership of the Software. Access to the Software may be conditioned on an active Plan.

4. Licence Restrictions

You must not, and must not permit, assist, or enable any third party to:

• Reverse Engineering: Reverse engineer, decompile, disassemble, decrypt, deobfuscate, translate, or otherwise attempt to derive or reconstruct the source code, underlying algorithms, ideas, file formats, or protocols of the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this restriction (including the limited interoperability rights under the Copyright Act 1968 (Cth)), and then only after you have first requested the necessary interoperability information from XD's Cloud in writing and we have failed to provide it within a reasonable period
• Redistribution: Copy, publish, distribute, resell, rent, lease, lend, host, time-share, offer as a service bureau, or otherwise make the Software available to any third party
• Sublicensing and Transfer: Sublicense, assign, transfer, pledge, or otherwise dispose of the Software, this EULA, or any rights under it, whether by operation of law or otherwise, without our prior written consent
• Derivative Works: Modify, adapt, alter, translate, port, patch, or create derivative works based on the Software, except as expressly permitted by the licence terms of a Third-Party Component
• Proprietary Notices: Remove, obscure, alter, or falsify any copyright, trademark, patent, attribution, watermark, or other proprietary notice, branding, or identifier contained in or displayed by the Software
• Competing Products: Use the Software, the Documentation, or any information derived from them to design, develop, market, or offer a product or service that competes with XD's Cloud, or for competitive analysis, benchmarking, or public performance testing without our prior written consent
• Licence and Authentication Circumvention: Circumvent, disable, tamper with, or attempt to bypass any licence enforcement, entitlement check, authentication, authorization, rate-limiting, telemetry, integrity check, code signing, sandbox, or security mechanism of the Software or the Services
• Credential Sharing: Share, publish, sell, or otherwise disclose your Credentials or API Keys, or permit use of the Software under your Account by persons who are not authorized users of your Account
• Excess Installation: Install or operate the Software on more devices or instances than are permitted by your Plan, or use automated means to operate multiple concurrent instances for the purpose of circumventing limits or quotas
• Repackaging: Bundle, embed, wrap, white-label, or incorporate the Software into any other application, distribution, image, appliance, or installer without our prior written consent
• Unlawful Use: Use the Software in violation of any applicable law, regulation, export control, sanctions regime, or third-party right, or in any manner prohibited by the Acceptable Use Policy in the Terms of Service
• Harmful Use: Use the Software to develop, transmit, or deploy malware, to conduct unauthorized penetration testing or intrusion, to attack the Services or any third-party system, or to interfere with other users of the Services
• Automated Scraping: Use crawlers, scrapers, or automated agents against the Software or the Services other than through documented interfaces and within published rate limits
• High-Risk Use: Use the Software in any application where failure of the Software could reasonably be expected to lead to death, personal injury, or severe environmental or property damage, including life support, nuclear facilities, air traffic control, or weapons systems

Enforcement: Any breach of this Section is a material breach of this EULA. XD's Cloud may immediately terminate the License, disable the Software, revoke API Keys, and suspend or terminate your Account without notice, refund, or liability, and may pursue injunctive relief and damages. You acknowledge that a breach of this Section would cause irreparable harm for which monetary damages are an inadequate remedy.

5. Ownership and Intellectual Property

Licensed, Not Sold: The Software is licensed to you, not sold. XD's Cloud and its licensors retain all right, title, and interest in and to the Software, the Documentation, and all copies, modifications, enhancements, and derivative works of them, including all Intellectual Property Rights. This EULA transfers no ownership interest of any kind to you.

Protected Materials: The Software is protected by copyright, trade secret, trademark, patent, and other laws of Australia and other jurisdictions, and by international treaty provisions. The structure, organization, source code, interface designs, and internal protocols of the Software are valuable trade secrets and confidential information of XD's Cloud.

Trademarks: "XD's Cloud", associated logos, product names, and marks are trademarks or trade dress of XD's Cloud. This EULA grants you no right or licence to use any XD's Cloud trademark, trade name, or branding, whether in connection with the Software or otherwise.

Your Content: You retain all ownership rights in the files, code, configurations, and data you create or transmit using the Software. Nothing in this EULA transfers ownership of your Content to XD's Cloud. The licence you grant to us in respect of your Content is set out in the Terms of Service.

Feedback: Any feedback, bug reports, suggestions, feature requests, or ideas you provide concerning the Software are voluntary and non-confidential. You grant XD's Cloud a worldwide, perpetual, irrevocable, royalty-free, sublicensable licence to use, reproduce, modify, and commercialize such feedback without obligation, attribution, or compensation to you.

Telemetry and Client Identification: The Software may transmit non-content diagnostic and identification data to XD's Cloud, including a client identifier indicating whether requests originate from the Desktop Application, the Mobile Application, or a web browser, together with version, platform, and error information. Such data is handled in accordance with the Privacy Policy.

6. Third-Party and Open-Source Components

The Software incorporates, links to, or is distributed with Third-Party Components, including but not limited to the Tauri application framework and the Rust runtime and crate ecosystem, the WebKit and WKWebView rendering engines, the Next.js and React frameworks, Node.js and Bun runtimes, and a range of open-source libraries, fonts, and icon sets.

Separate Licences Apply: Third-Party Components are licensed to you under their own applicable licence terms (including permissive licences such as MIT, Apache 2.0, BSD, ISC, and MPL, and copyleft licences such as LGPL where applicable), not under this EULA. To the extent a Third-Party Component licence grants you rights broader than, or imposes conditions inconsistent with, this EULA, that licence governs solely with respect to that Third-Party Component.

Notices and Source Availability: Attribution notices, licence texts, and, where required by the applicable licence, information about obtaining corresponding source code, are made available within the Software (for example, in an "About" or "Licences" screen) or on request by contacting contact@xdpxi.dev. You must comply with all such third-party licence terms and must not remove or alter their notices.

No Warranty for Third-Party Components: XD'S CLOUD MAKES NO WARRANTY, REPRESENTATION, OR CONDITION OF ANY KIND WITH RESPECT TO THIRD-PARTY COMPONENTS AND ACCEPTS NO LIABILITY ARISING FROM THEM. Third-Party Components are provided on the same "AS IS" basis as the Software.

Third-Party Services: The Software may interoperate with third-party platforms and services, including operating system vendors, application distribution platforms, identity providers, and payment processors. Your use of those services is governed by their own terms and privacy policies, and XD's Cloud is not responsible for their acts, omissions, availability, or security.

7. Updates, Upgrades, and Automatic Updating

Automatic Updates: The Software may automatically check for, download, and install Updates and Upgrades without further notice to you, and may require such Updates in order to continue functioning. You consent to this automatic updating. Where the operating system or distribution platform provides update controls, you may be able to disable automatic updating through those controls; if you do so, the Software may cease to function correctly or at all.

Updates Are Part of the Software: All Updates, Upgrades, patches, hotfixes, and replacement components provided to you are deemed part of the "Software" and are governed by this EULA, unless accompanied by separate licence terms, in which case those terms govern for that release.

Acceptance of Revised Terms: Where an Update or Upgrade is accompanied by a revised EULA, your installation or continued use of the updated Software after the effective date constitutes your acceptance of the revised EULA. If you do not accept the revised terms, your sole remedy is to cease use and uninstall the Software.

Version Deprecation and Minimum Versions: XD's Cloud may deprecate, disable, or refuse to support prior versions of the Software, and may require a minimum client version to connect to the Services. We will use reasonable efforts to provide advance notice of deprecation of a major version where practicable, but may act without notice where required for security, legal compliance, or platform integrity.

No Obligation to Update: Nothing in this EULA obliges XD's Cloud to develop, release, maintain, or support any Update, Upgrade, feature, or platform version, or to continue distributing the Software on any particular platform or channel.

8. Platform-Specific Terms

Apple iOS Application: The following terms apply if you obtained the iOS Application from the Apple App Store or through TestFlight and apply in addition to, and prevail over, any inconsistent term of this EULA solely as between you and Apple:

• This EULA is concluded between you and XD's Cloud only, and not with Apple Inc. ("Apple"). XD's Cloud, not Apple, is solely responsible for the iOS Application and its content
• Your licence to use the iOS Application is limited to a non-transferable licence to use it on any Apple-branded product that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that it may be accessed by other accounts associated with you via Family Sharing or volume purchasing where enabled
• Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the iOS Application
• In the event of any failure of the iOS Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the iOS Application. To the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the iOS Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are the sole responsibility of XD's Cloud
• XD's Cloud, not Apple, is responsible for addressing any claims by you or any third party relating to the iOS Application or your possession and use of it, including product liability claims, claims that the iOS Application fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation
• In the event of any third-party claim that the iOS Application or your possession and use of it infringes that third party's Intellectual Property Rights, XD's Cloud, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of that claim
• You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties
• Apple and its subsidiaries are third-party beneficiaries of this EULA, and upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary
• You must comply with all applicable third-party terms of agreement when using the iOS Application, including your wireless data service agreement
• Pre-Release and TestFlight Builds: Builds distributed via TestFlight are pre-release, may be unstable or incomplete, are provided strictly "AS IS" without any support or warranty, may expire or be revoked at any time, and must not be used in production or with data you cannot afford to lose

Desktop Application: The Desktop Application is a native application wrapper that renders XD's Cloud web content within an embedded system webview. Installation and operation may require operating system permissions and capabilities, including window creation and window management (minimize, maximize, close), local file system access for configuration and cached data, network access, and permission to install and run signed executables. By installing the Desktop Application, you consent to it exercising those permissions on the relevant Authorized Device.

• You are responsible for ensuring you have administrative rights necessary to install the Desktop Application on any device and for compliance with any policy of the device owner or your employer
• The Desktop Application relies on the operating system webview or rendering engine; its behavior, performance, and security depend in part on components maintained by your operating system vendor and outside our control
• You must obtain the Desktop Application only from official XD's Cloud distribution channels. Builds obtained elsewhere may be modified or malicious, are not licensed under this EULA, and are used entirely at your own risk
• You must not tamper with, re-sign, repack, or redistribute the installer or executable, or defeat code-signing or integrity verification

Other Distribution Platforms: Where you obtain the Software through any other application store or distribution platform, that platform's terms and usage rules apply in addition to this EULA, and the relevant platform operator has no responsibility for the Software and no obligation to provide maintenance or support for it.

9. API Keys and Programmatic Access Licence

Licence Scope: Subject to this EULA and the Terms of Service, XD's Cloud grants you a limited, non-exclusive, non-transferable, revocable licence to use API Keys issued to your Account to make programmatic calls to documented endpoints of the Services, solely for your internal business or personal purposes and solely within the limits of your Plan.

Your Obligations: You must:

• Treat every API Key as a confidential secret, store it securely, and never commit it to public source control, client-side code, logs, screenshots, or any publicly accessible location
• Use API Keys only from systems under your control and only on behalf of your own Account
• Rotate API Keys promptly upon suspected compromise and notify us within 24 hours of any suspected exposure
• Observe all published rate limits, quotas, concurrency limits, and cooldown periods, and implement reasonable backoff and retry logic
• Accurately identify your client software in requests and not spoof, forge, or misrepresent client identifiers or headers
• Ensure any application you build using API Keys complies with the Acceptable Use Policy and applicable privacy law with respect to end users of that application

Prohibited API Use: You must not use API Keys to:

• Access data, servers, containers, or resources belonging to any account other than your own
• Resell, sublicense, proxy, or expose the Services to third parties as a standalone offering
• Exceed, evade, or mask usage limits, including through key rotation, distributed clients, or multiple Accounts
• Perform load testing, stress testing, fuzzing, or security testing against the Services without prior written authorization
• Build a product or service that substitutes for, or competes with, the Services

Revocation and Throttling: XD's Cloud may revoke, rotate, suspend, throttle, or scope any API Key at any time, with or without notice, where we reasonably believe it has been compromised, is being misused, threatens the stability or security of the Services, or is being used in breach of this EULA or the Terms of Service. We are not liable for any interruption, loss, or damage resulting from such action.

Responsibility for Key Activity: You are solely responsible for all activity conducted using API Keys issued to your Account, whether or not authorized by you, until you notify us of compromise and we have had a reasonable opportunity to act.

Interface Changes: Programmatic interfaces may change, and endpoints may be versioned, deprecated, or removed. We will use reasonable efforts to provide notice of breaking changes but may make immediate changes for security or legal reasons.

10. Term and Termination

Term: This EULA takes effect when you first download, install, or use the Software and continues until terminated in accordance with this Section.

Termination by You: You may terminate this EULA at any time by ceasing all use of the Software and permanently uninstalling and destroying all copies in your possession or control.

Automatic Termination: This EULA and the License granted under it terminate automatically, without notice and without judicial or other action, upon any of the following:

• Your breach of any term of this EULA, including any restriction in Section 4
• Termination, cancellation, or permanent suspension of your Account under the Terms of Service
• Your failure to pay fees due for the Services when your Plan requires an active subscription to use the Software
• Your becoming subject to insolvency, administration, liquidation, or bankruptcy proceedings that are not discharged within 30 days

Termination by XD's Cloud: We may terminate or suspend this EULA and disable the Software immediately where we reasonably believe you have breached this EULA, where required for security or legal compliance, or where we discontinue the Software generally. We may terminate for convenience on 30 days' written notice.

Effect of Termination: Upon termination, you must immediately:

• Cease all use of the Software and Documentation
• Uninstall the Software from all devices and permanently delete or destroy all copies, including backup and archival copies
• Cease all use of, and securely destroy, all API Keys and other Credentials
• Certify such deletion and destruction in writing if we so request

No Refund: Termination of this EULA does not entitle you to any refund of fees paid for the Services, except as expressly provided in the Terms of Service or as required by law, including the Australian Consumer Law.

Survival: Sections 4 (Licence Restrictions), 5 (Ownership and Intellectual Property), 6 (Third-Party and Open-Source Components), 10 (Term and Termination), 11 (Warranty Disclaimer), 12 (Limitation of Liability), 13 (Export Control and Sanctions Compliance), 14 (Indemnification), 15 (Relationship to Other Agreements), 16 (Governing Law and Dispute Resolution), and 18 (General Provisions) survive termination or expiration of this EULA, together with any provision that by its nature is intended to survive.

11. Disclaimer of Warranties

AS-IS / AS-AVAILABLE: THE SOFTWARE, DOCUMENTATION, UPDATES, UPGRADES, API KEYS, AND ANY BETA, PRE-RELEASE, TESTFLIGHT, OR EXPERIMENTAL BUILDS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTIES, REPRESENTATIONS, GUARANTEES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

Disclaimer: TO THE MAXIMUM EXTENT PERMITTED BY LAW, XD'S CLOUD AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING:

• MERCHANTABILITY, ACCEPTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR SUITABILITY FOR YOUR REQUIREMENTS
• TITLE, NON-INFRINGEMENT, OR QUIET ENJOYMENT
• THAT THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE, BUG-FREE, VIRUS-FREE, OR SECURE
• THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE WILL BE COMPATIBLE WITH ANY PARTICULAR HARDWARE, OPERATING SYSTEM, DEVICE, WEBVIEW ENGINE, OR THIRD-PARTY SOFTWARE
• THAT THE SOFTWARE WILL MEET ANY PERFORMANCE, AVAILABILITY, OR SERVICE LEVEL, OR THAT DATA WILL NOT BE LOST OR CORRUPTED
• ANY WARRANTY IN RESPECT OF THIRD-PARTY COMPONENTS OR THIRD-PARTY SERVICES

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY XD'S CLOUD OR ITS REPRESENTATIVES CREATES ANY WARRANTY. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE, AND RESULTS OBTAINED FROM THE SOFTWARE, AND ARE SOLELY RESPONSIBLE FOR BACKING UP YOUR DATA BEFORE AND DURING USE.

Australian Consumer Law: Nothing in this EULA excludes, restricts, or modifies any guarantee, warranty, right, or remedy conferred on you by the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or any other applicable law that cannot lawfully be excluded or limited. Where our liability under a non-excludable statutory guarantee may lawfully be limited, our liability is limited, at our option, to the resupply of the Software or the payment of the cost of having the Software resupplied.

12. Limitation of Liability

Exclusion of Damages: TO THE MAXIMUM EXTENT PERMITTED BY LAW, XD'S CLOUD AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY:

• Indirect, incidental, special, consequential, punitive, or exemplary damages
• Loss or corruption of data, files, configurations, or containers, or the cost of recovering or reconstructing them
• Lost revenue, lost profits, lost savings, lost goodwill, or lost business opportunities
• Business interruption, downtime, or cost of substitute software, services, or cover
• Damage to devices, operating systems, or other software arising from installation or use of the Software
• Unauthorized access to or misuse of your Credentials or API Keys
• Failures, defects, or acts of Third-Party Components, third-party services, operating systems, application stores, or network providers
• Third-party claims, demands, or actions of any kind

EVEN IF XD'S CLOUD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY LIMITED REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Liability Cap: TO THE MAXIMUM EXTENT PERMITTED BY LAW, XD'S CLOUD'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS EULA OR THE SOFTWARE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, EQUITY, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES YOU PAID TO XD'S CLOUD IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR AUD $100, WHICHEVER IS GREATER.

Single Cap: The cap in this Section is aggregate across this EULA and the Terms of Service and is not cumulative with any cap stated in those Terms. Multiple claims do not enlarge the cap.

Free and Pre-Release Software: WHERE THE SOFTWARE IS PROVIDED TO YOU AT NO CHARGE, OR AS A BETA, TESTFLIGHT, OR PRE-RELEASE BUILD, XD'S CLOUD'S LIABILITY IN RESPECT OF THAT SOFTWARE IS EXCLUDED ENTIRELY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Allocation of Risk: You acknowledge that the disclaimers and limitations in Sections 11 and 12 reflect a reasonable allocation of risk and are an essential basis of the bargain between the parties, and that XD's Cloud would not license the Software without them. Nothing in this Section limits liability that cannot be limited at law, including liability for fraud or for death or personal injury caused by negligence.

13. Export Control and Sanctions Compliance

The Software, and technology and data contained in it, may be subject to export control, customs, and sanctions laws and regulations, including the Australian Autonomous Sanctions Act 2011 (Cth) and Customs (Prohibited Exports) Regulations 1958 (Cth), the United States Export Administration Regulations and regulations administered by the Office of Foreign Assets Control (OFAC), and equivalent laws of other jurisdictions.

You represent, warrant, and covenant that:

• You are not located in, ordinarily resident in, or organized under the laws of any country or region subject to comprehensive trade sanctions or embargo
• You are not, and are not owned or controlled by, any person or entity on any restricted or denied party list maintained by Australia, the United States, the United Kingdom, the European Union, or the United Nations
• You will not export, re-export, transfer, release, or make the Software available, directly or indirectly, to any prohibited destination, entity, or person, or for any prohibited end use, including any use related to nuclear, chemical, or biological weapons or missile technology
• You will comply with all applicable export control, sanctions, and anti-boycott laws in connection with your use of the Software

XD's Cloud may suspend or terminate this EULA, disable the Software, and revoke API Keys immediately and without liability if we reasonably believe continued provision would breach any applicable export control or sanctions law. You indemnify us against all loss arising from your breach of this Section.

14. Indemnification

You agree to indemnify, defend, and hold harmless XD's Cloud and its officers, directors, employees, agents, affiliates, licensors, suppliers, and successors from and against all claims, liabilities, damages, losses, penalties, costs, and expenses (including reasonable legal fees on a full indemnity basis) arising out of or relating to:

• Your installation or use of, or inability to use, the Software
• Your breach of this EULA, including any licence restriction in Section 4
• Your breach of any Third-Party Component licence or third-party platform terms, including the Apple Media Services Terms
• Your misuse, exposure, or unauthorized sharing of Credentials or API Keys
• Any application, integration, script, or automation you build using the Software or API Keys, including claims by end users of that application
• Your violation of any applicable law, regulation, export control, sanctions regime, or third-party right, including Intellectual Property Rights and privacy rights
• Your Content transmitted, processed, or stored through the Software

We will notify you of any claim for which indemnity is sought and may, at our option, assume control of the defense with counsel of our choosing at your expense. You must not settle any claim in a manner that admits liability on our behalf, imposes any obligation on us, or fails to unconditionally release us, without our prior written consent. You will provide reasonable cooperation in the defense of any claim.

15. Relationship to Terms of Service and Privacy Policy

Supplemental, Not Substitutional: This EULA supplements and does not replace, limit, or supersede the XD's Cloud Terms of Service or Privacy Policy. Those documents continue to govern your Account, subscription Plan, billing and refunds, acceptable use, content responsibility, service availability, data retention, and the handling of Personal Data, whether you access the Services through the Software or through a web browser.

Order of Precedence: In the event of a conflict or inconsistency between documents, the following order of precedence applies:

• First: Any separate written agreement signed by an authorized representative of XD's Cloud that expressly overrides these documents (for example, an enterprise agreement or service level agreement)
• Second: The licence terms of a Third-Party Component, but only with respect to that Third-Party Component, and the mandatory terms of an application distribution platform (such as Apple), but only with respect to software obtained through that platform
• Third: This EULA, with respect to matters concerning the licensing, installation, distribution, ownership, and permitted use of the Software and API Keys
• Fourth: The Terms of Service, with respect to all other matters, including the Account, the Services, billing, and acceptable use
• Fifth: The Privacy Policy governs all matters concerning the collection, use, disclosure, and retention of Personal Data, and prevails over any inconsistent privacy statement in this EULA or the Terms of Service

Interpretation: Where a provision of this EULA and a provision of the Terms of Service can operate together, both apply. A restriction stated in one document is not narrowed by the absence of an equivalent restriction in another. Capitalized terms not defined in this EULA have the meanings given to them in the Terms of Service.

Entire Agreement for Software: Together with the Terms of Service, the Privacy Policy, and applicable Third-Party Component licences, this EULA constitutes the entire agreement between you and XD's Cloud regarding the Software and supersedes all prior or contemporaneous proposals, representations, understandings, and communications regarding the Software.

16. Governing Law and Dispute Resolution

Governing Law: This EULA is governed by and construed in accordance with the laws of New South Wales, Australia, and the Commonwealth of Australia, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this EULA.

Informal Resolution: Before commencing formal proceedings, you agree to attempt in good faith to resolve any dispute by contacting us at contact@xdpxi.dev with a written description of the dispute and the relief sought. We will respond within 14 days and both parties will negotiate in good faith toward resolution.

Mandatory Arbitration: If informal resolution fails within 30 days, any dispute, claim, or controversy arising out of or relating to this EULA, the Software, or its breach, termination, or validity shall be resolved by binding arbitration under Australian law, conducted in New South Wales in the English language by a single arbitrator selected by mutual agreement or, failing agreement, appointed in accordance with the applicable arbitration rules.

Arbitration Waiver: BY ACCEPTING THIS EULA, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES IN COURT (EXCEPT AS PROVIDED BELOW). YOU ALSO WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION OR TO CONSOLIDATE CLAIMS WITH THOSE OF ANY OTHER PERSON.

Exception to Arbitration: Either party may seek urgent injunctive relief, specific performance, or other equitable relief in a court of competent jurisdiction to prevent or restrain infringement or misappropriation of Intellectual Property Rights, unauthorized reverse engineering or redistribution of the Software, misuse of API Keys, breach of confidentiality, or any immediate threat to the Software, the Services, or users.

Jurisdiction and Venue: You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia, and courts entitled to hear appeals from them, for any dispute that is not subject to arbitration or that concerns provisional or injunctive relief, and waive any objection based on inconvenient forum.

Consumer Rights Preserved: Nothing in this Section limits any right you may have to bring proceedings, or to have proceedings brought against you, in the courts of your country of residence where such right cannot lawfully be excluded, or affects your non-excludable rights under the Australian Consumer Law.

Limitation Period: To the maximum extent permitted by law, any claim arising out of or relating to this EULA must be commenced within one (1) year after the cause of action accrues, or be permanently barred.

17. Changes to this EULA

We may modify this EULA at any time to reflect changes in the Software, our business, applicable law, or third-party platform requirements. Material changes will be communicated to you by email, by prominent notice on our website, or by notice within the Software at least 30 days before they take effect. The effective date will be updated in the Document Information section below.

Minor changes that do not materially reduce your rights or increase your obligations, and changes required urgently for security, legal, or platform compliance reasons, may take effect immediately upon posting.

Your continued installation or use of the Software after the effective date of a modified EULA constitutes your acceptance of the modified terms. If you do not accept the modified terms, your sole and exclusive remedy is to cease use of the Software, uninstall it, and destroy all copies before the changes take effect. Modified terms apply prospectively and do not retroactively alter rights or obligations that accrued before the effective date.

18. General Provisions

Severability: If any provision of this EULA is held invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed, and the remaining provisions continue in full force and effect.

Waiver: Failure or delay by either party in exercising any right or provision does not constitute a waiver of that right or provision. A waiver is effective only if made in writing and signed by an authorized representative, and applies only to the specific instance identified.

Assignment: You may not assign, novate, transfer, sublicense, or delegate this EULA or any rights or obligations under it, whether voluntarily, by operation of law, or in connection with a merger, acquisition, or change of control, without our prior written consent. Any purported assignment in breach of this provision is void. XD's Cloud may assign or novate this EULA, in whole or in part, without restriction and without notice, including in connection with a merger, acquisition, reorganization, or sale of assets.

Force Majeure: Neither party is liable for any failure or delay in performing its obligations (other than payment obligations) due to events beyond its reasonable control, including natural disasters, fire, flood, war, terrorism, civil unrest, epidemics or pandemics, labour disputes, government action, changes in law, failures of telecommunications or power infrastructure, third-party platform outages, or cyber attacks.

No Partnership or Agency: Nothing in this EULA creates any partnership, joint venture, agency, franchise, employment, or fiduciary relationship between the parties. Neither party has authority to bind or obligate the other.

Third-Party Beneficiaries: Except for Apple Inc. and its subsidiaries as expressly provided in Section 8, and except for XD's Cloud licensors and suppliers who are intended beneficiaries of Sections 11 and 12, there are no third-party beneficiaries to this EULA.

Notices: Notices to you may be given by email to the address associated with your Account, by notice within the Software, or by posting on our website, and are deemed received 24 hours after transmission or posting. Notices to XD's Cloud must be in writing and sent to contact@xdpxi.dev.

Equitable Relief: You acknowledge that a breach of Sections 4, 5, 9, or 13 may cause XD's Cloud irreparable harm for which monetary damages would be inadequate, and agree that we are entitled to seek injunctive or other equitable relief without the requirement to post a bond or prove actual damages.

Audit and Compliance Verification: Upon reasonable written notice and no more than once in any 12-month period (unless a breach is suspected), XD's Cloud may require you to certify in writing that your installation and use of the Software complies with this EULA, and may verify compliance through telemetry, licence checks, and Account records.

Language and Interpretation: This EULA is drafted in English, which is the controlling language for all purposes. Headings are for convenience only and do not affect interpretation. The words "including", "includes", and "for example" are not words of limitation. No rule of construction requiring interpretation against the drafting party applies.

Government End Users: The Software is commercial computer software provided with restricted rights. Any use, duplication, or disclosure by a government entity is subject to the restrictions set out in this EULA and applicable procurement regulations.

19. Contact Information

For questions, licensing enquiries, open-source attribution requests, interoperability requests, compliance notices, or any other matter relating to this EULA, contact us at:

Email: contact@xdpxi.dev

We will respond to enquiries within 5 business days. All formal notices under this EULA must be in writing and directed to the above address.

20. Document Information

Effective Date: This EULA is effective as of the date you first download, install, or use the Software, or the date of last update below, whichever is later.

Last Updated: August 7, 2026

This End User License Agreement has been drafted to provide comprehensive legal coverage and protection for the licensing and distribution of the XD's Cloud Desktop Application, iOS Application, and programmatic access credentials under Australian law and applicable international software licensing standards, and operates in conjunction with the XD's Cloud Terms of Service and Privacy Policy.