Ouster SDK – Freeware Components End User License Agreement ============================================================= Copyright (c) 2018-2026, Ouster, Inc. All rights reserved. This End User License Agreement ("Agreement") is a legal agreement between you, either as an individual or on behalf of an entity ("You" or "Licensee"), and Ouster, Inc. ("Ouster") governing your use of the Freeware Components (as defined below) distributed as part of the Ouster Software Development Kit (the "Ouster SDK") in binary form. The Ouster SDK is distributed in two forms: (a) as source code published by Ouster, which is governed solely by the BSD 3-Clause License set out in the file LICENSE available in the applicable source code repository (the "Open Source License"), and (b) as binary distributions (including, without limitation, Python "wheel" packages, dynamic and static libraries, executables, and any other compiled artifacts produced and distributed by Ouster) that combine code under the Open Source License with the Freeware Components governed by this Agreement. BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING A BINARY DISTRIBUTION OF THE OUSTER SDK THAT CONTAINS THE FREEWARE COMPONENTS, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT WITH RESPECT TO THE FREEWARE COMPONENTS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST NOT USE THE FREEWARE COMPONENTS AND MUST REMOVE THE BINARY DISTRIBUTION FROM YOUR SYSTEMS. 1. Definitions -------------- 1.1 "Freeware Components" means the object code, debug symbols, and any associated files of the proprietary Ouster software modules identified in the COPYRIGHT file accompanying the Binary Distribution as being licensed under this Agreement, as they are statically linked into, dynamically linked from, or otherwise embedded within the binary artifacts that Ouster distributes as part of the Ouster SDK. The Freeware Components are provided to You in object-code form only. No source code for the Freeware Components is distributed by Ouster under this Agreement. 1.2 "Open Source Components" means all portions of the Ouster SDK other than the Freeware Components, including, without limitation, the components licensed under the Open Source License and the third-party components whose notices are reproduced in the LICENSE-bin and COPYRIGHT files. The Open Source Components are not the subject of this Agreement and remain governed exclusively by their respective licenses. 1.3 "Binary Distribution" means any binary artifact produced and distributed by Ouster as part of the Ouster SDK, including but not limited to the ``ouster_sdk`` Python wheel published on the Python Package Index, and any standalone binary archives, packages, or installers made available by Ouster to its customers or to the general public. 2. License Grant ---------------- Subject to Your continuing compliance with this Agreement, Ouster grants You a personal, non-exclusive, non-transferable, non-sublicensable, royalty-free, worldwide license to: (a) install and use the Freeware Components, in object-code form only and only as embedded within an unmodified Binary Distribution, for Your internal business, research, evaluation, prototyping, and other lawful purposes; and (b) reproduce and redistribute the Freeware Components solely as an integral and unmodified part of a Binary Distribution, provided that each copy You redistribute includes (i) a copy of this Agreement, (ii) a copy of the LICENSE, LICENSE-bin, and COPYRIGHT files as distributed by Ouster, and (iii) all original copyright, trademark, and attribution notices. The Freeware Components are licensed, not sold. Ouster reserves all rights not expressly granted under this Agreement. You will not acquire any such rights, whether through estoppel, implication, or otherwise. 3. Restrictions --------------- Except as expressly permitted by this Agreement, by a separate written agreement with Ouster, or by applicable mandatory law (as described in Section 4), You shall not, and shall not permit any third party to: (a) reverse engineer, decompile, disassemble, or otherwise attempt to derive, reconstruct, identify, or discover any source code, underlying ideas, algorithms, file formats, programming, or interoperability interfaces of any of the Freeware Components by any means whatsoever; (b) extract, separate, isolate, or repackage any of the Freeware Components from a Binary Distribution, or distribute any of the Freeware Components other than as an integral and unmodified part of a Binary Distribution as received from Ouster; (c) modify, adapt, translate, or create derivative works based on any of the Freeware Components in object-code form, or merge any of the Freeware Components with other software; (d) remove, alter, or obscure any copyright, trademark, attribution, or other proprietary notices contained in or on the Freeware Components, the Binary Distribution, or any accompanying documentation; (e) sell, rent, lease, lend, sublicense, assign, or otherwise transfer any of the Freeware Components, or grant any rights in any of the Freeware Components to any third party, except as expressly permitted by Section 2(b); (f) use any of the Freeware Components, or any information derived from them or any accompanying documentation, to develop, market, or distribute any product or service that competes with the Ouster SDK or with any other product or service offered by Ouster; or (g) use the Freeware Components in violation of any applicable law or regulation, including any export control or economic sanctions law. 4. Statutory Exceptions ----------------------- Nothing in Section 3 limits or excludes any rights that You have under applicable mandatory law that cannot be waived by contract, including, without limitation, the right to perform acts of decompilation strictly to the extent necessary to achieve interoperability with other software, where such right is granted by applicable mandatory law (for example, Article 6 of Directive 2009/24/EC of the European Parliament and of the Council of 23 April 2009 on the legal protection of computer programs, as transposed into the national law of an EU or EEA Member State, or the corresponding provision of any other applicable mandatory law). Before exercising any such right, You agree to first request the necessary interoperability information from Ouster in writing at the contact address in Section 12, and to allow Ouster a reasonable period to provide such information. 5. Relationship to the Open Source Components --------------------------------------------- This Agreement applies only to the Freeware Components. Nothing in this Agreement shall be construed to: (a) modify, supersede, limit, restrict, condition, or otherwise affect any right, license, or obligation that applies to any Open Source Component under the Open Source License, the licenses reproduced in LICENSE-bin and COPYRIGHT, or any other applicable open source or third-party license; (b) impose any restriction on the Open Source Components that is not expressly contained in their respective licenses; or (c) grant Ouster any right with respect to the Open Source Components beyond those granted by their respective licenses. In the event of any conflict between this Agreement and the license applicable to an Open Source Component with respect to that Open Source Component, the license applicable to that Open Source Component shall prevail with respect to that Open Source Component. 6. Ownership ------------ The Freeware Components are the proprietary property of Ouster and its licensors. Ouster and its licensors retain all right, title, and interest in and to the Freeware Components, including all intellectual property rights therein. No title to or ownership of the Freeware Components is transferred to You under this Agreement. The Ouster name and logo, and all related product and service names, design marks, and slogans, are trademarks or registered trademarks of Ouster. This Agreement does not grant You any right to use any Ouster trademark, except as required for reasonable and customary attribution. 7. No Support ------------- The Freeware Components are provided to You free of charge as a convenience and as part of the Binary Distribution. Ouster has no obligation under this Agreement to provide any maintenance, technical support, updates, upgrades, bug fixes, or new releases for the Freeware Components. Any support that Ouster does provide is provided at Ouster's sole discretion and may be discontinued at any time without notice. 8. No Warranty -------------- THE FREEWARE COMPONENTS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. OUSTER DOES NOT WARRANT THAT THE FREEWARE COMPONENTS WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, BE ERROR-FREE, OR BE SECURE. THE OUSTER SDK, INCLUDING THE FREEWARE COMPONENTS, IS DESIGNED TO SUPPORT PROTOTYPING, EVALUATION, AND OTHER NON-SAFETY-CRITICAL APPLICATIONS. THE FREEWARE COMPONENTS ARE NOT FAULT-TOLERANT AND ARE NOT DESIGNED, INTENDED, OR LICENSED FOR USE IN ANY APPLICATION WHERE THE FAILURE OF THE FREEWARE COMPONENTS COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY, OR ENVIRONMENTAL DAMAGE. 9. Limitation of Liability -------------------------- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OUSTER OR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE FREEWARE COMPONENTS, EVEN IF OUSTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUSTER'S AND ITS LICENSORS' TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY OF LIABILITY, SHALL NOT EXCEED FIFTY UNITED STATES DOLLARS (US$50.00). BECAUSE THE FREEWARE COMPONENTS ARE PROVIDED TO YOU FREE OF CHARGE, YOU ACKNOWLEDGE AND AGREE THAT THIS LIMITATION REFLECTS A REASONABLE ALLOCATION OF RISK AND THAT OUSTER WOULD NOT BE WILLING TO PROVIDE THE FREEWARE COMPONENTS TO YOU WITHOUT THIS LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. 10. Term and Termination ------------------------ This Agreement is effective upon Your first download, installation, copy, or use of the Freeware Components and continues until terminated. This Agreement terminates automatically and without notice if You materially breach any of its terms, including in particular any restriction in Section 3. Ouster may also terminate this Agreement at any time on written notice if Ouster ceases to make the Freeware Components available as freeware. Upon termination, You must immediately cease all use of the Freeware Components and destroy all copies of the Freeware Components in Your possession or control. Sections 1, 3, 5, 6, 8, 9, 10, 11, and 12 shall survive any termination of this Agreement. 11. Export Control and Compliance --------------------------------- The Freeware Components may be subject to the export control laws and regulations of the United States and other jurisdictions. You shall comply with all applicable export control and economic sanctions laws and regulations in Your use, export, re-export, and import of the Freeware Components. You represent and warrant that You are not located in, under the control of, or a national or resident of any country or person that is the target of comprehensive trade or economic sanctions administered by any applicable governmental authority. 12. General ----------- 12.1 Governing Law and Venue. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Any dispute arising out of or related to this Agreement shall be brought exclusively in the state or federal courts located in San Francisco, California, and the parties consent to the personal jurisdiction of those courts. 12.2 Indemnity by Licensee. If Ouster is the subject of a claim, becomes involved in a legal proceeding, or suffers any economic loss or damage as a result of Your violation of this Agreement, to the extent permitted by law, You will be responsible for compensating Ouster for the full amount of its loss, as well as any reasonable amounts Ouster incurs in lawyers' fees, expenses and court costs, except to the extent that Ouster contributed to the loss or damage. 12.3 Entire Agreement. This Agreement, together with the Open Source License and any third-party license notices included with the Binary Distribution, constitutes the entire agreement between You and Ouster with respect to the Freeware Components, and supersedes all prior or contemporaneous understandings regarding such subject matter. 12.4 Severability. If any provision of this Agreement is held to be unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect. 12.5 No Waiver. The failure of Ouster to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. 12.6 Assignment. You may not assign or transfer this Agreement or any rights granted hereunder, by operation of law or otherwise, without the prior written consent of Ouster. Ouster may freely assign this Agreement. 12.7 Contact. Questions or notices regarding this Agreement may be sent to Ouster, Inc. at legal@ouster.io. 12.8 U.S. Government Restricted Rights. The Freeware Components are "commercial computer software" and "commercial computer software documentation" as those terms are used in 48 C.F.R. § 12.212. If acquired by or on behalf of a U.S. Government agency, use, duplication, and disclosure of the Freeware Components is subject to the terms of this Agreement.