EULA (EHART)

EHART End User Licence Agreement

Version [1.6] · Effective [20261028] · Issued by EODynamics AB, Swedish corporate identity number 559432-3833

1 Parties, scope and acceptance

1.1 Who is bound. This End User Licence Agreement ("EULA") is between EODynamics AB ("EODynamics", "we") and (a) the organisation that purchased, ordered or holds a licence to EHART ("Licensee"), and (b) each individual who uses EHART ("Authorised User", "you").

1.2 How you accept. The Licensee accepts this EULA by ordering, paying for, installing, provisioning or permitting use of EHART. An Authorised User accepts by selecting "I agree" on the session start screen. Selecting "I agree" through the in-headset menu is a binding electronic acceptance, recorded with the EULA version, timestamp, Device and user. If you do not agree, select "Decline" and do not use EHART.

1.3 Every session. This EULA is presented and confirmed at the start of every session. Each confirmation re-affirms the version then in force.

1.4 Authority. A person accepting for the Licensee confirms they are authorised to bind it. Use of EHART by any Authorised User, Affiliate, contractor or agent of the Licensee is treated as use by the Licensee.

1.5 Order of precedence. If documents conflict, this order applies: (1) a written licence agreement signed by both EODynamics and the Licensee, but only where it expressly overrides a named clause of this EULA; (2) this EULA; (3) the Order; (4) the Documentation. Purchase emails, quotes and correspondence do not override this EULA.

1.6 Licensee representations. The Licensee represents, at purchase and again at every session, that:

(a) it acquired EHART for the Declared Use stated in the Order or in its purchase correspondence;
(b) it did not acquire EHART, and does not use it, to evaluate, benchmark, analyse, reverse engineer or replicate EHART, or to inform the design, development or marketing of any Competing Product;
(c) all information it gave EODynamics before and during purchase, including the end user, end use, intended location of use and its intentions for the product, was true, complete and not misleading; and
(d) it will tell EODynamics in writing within [10] business days if any of this changes.

A representation that was untrue when made is a material breach from the date of purchase. EODynamics may then terminate under section 12 and claim the remedies in section 11.

1.7 Changes to this EULA. EODynamics may update this EULA. A new version applies from the next session after it is published in EHART. Material changes are highlighted on the session start screen. A Licensee that objects to a material change may terminate its annual licence but not lifetime license by written notice within 30 days of publication and receive a pro-rata refund of prepaid annual fees for the unused period. Continued use after that period is acceptance.

2 Definitions

Affiliate: any entity that controls, is controlled by, or is under common control with the Licensee, including parent companies, subsidiaries, sister companies and joint ventures, now or in future. Control means owning or directing 50% or more of the voting rights, or the power to direct management.
Authorised User: an individual employed or engaged by the Licensee, or a trainee approved under section 6, who is permitted to use EHART under this EULA.
Competing Product: any software, application, simulation or training system, on any platform (including VR, AR, MR, XR, mobile, desktop or web), that offers training, familiarisation, rehearsal or assessment in explosive ordnance disposal, IEDD, C-IED, humanitarian mine action, ordnance recognition, detector or equipment use, or other explosive-hazard tasks, and that is similar to EHART in function, purpose or market.
Confidential Information: all non-public information about EHART and EODynamics, including the Licensed Materials, source and object code, pricing, roadmaps, Device configuration, and anything marked or reasonably understood as confidential.
Declared Use: the training purpose, end user and location the Licensee stated in the Order or in its purchase correspondence.
Device: any headset or computer on which EHART is installed, including EODynamics-provisioned Meta Quest headsets and replacement devices.
Device Logs: technical, security and usage records generated by EHART or the Device, as described in section 8.
Documentation: user guides, onboarding materials, training plans, specifications and other materials EODynamics supplies with EHART.
EHART or Software: the EODynamics EHART application, in every version, update and configuration, together with its content.
Licensed Materials: EHART and everything in or derived from it, including code, 3D models, meshes, textures, audio, munition data and markings, model library structure and taxonomy, scenarios, exercise and curriculum design, assessment logic and rubrics, user interface and interaction design, detector and equipment response logic, Device configuration, Documentation, and any recording, screenshot or output that reproduces them.
Licensed Territory: the country or countries named in the Order. If none is named, the country where the Licensee is established.
Order: the quote, purchase order, invoice or contract under which the Licensee acquired EHART.
Restricted Destination: any country or region subject to comprehensive sanctions, or to a UN, EU, Swedish or US arms embargo that applies to the Licensed Materials. At the date of this version this includes Russia, Belarus, Iran, North Korea, Cuba and the Russian-occupied regions of Ukraine (Crimea, Donetsk, Luhansk, Kherson and Zaporizhzhia). The list changes as the law changes.
Restricted Party: any person, entity or body listed on, or owned 50% or more or controlled by persons listed on, a UN, EU, Swedish, UK or US sanctions or export-restriction list, including the EU consolidated financial sanctions list, the OFAC SDN List, and the US Entity, Denied Persons, Unverified and Military End-User Lists.
Session: each period of EHART use that begins at the session start screen.
Session Data: the trainee declaration and training activity data described in sections 6 and 8.
Third-Country Session: a Session in which any of the following applies: (a) the trainee serves, works for or acts on behalf of a government, armed force, security service, agency, organisation or company established in, or acting for, a country outside the Licensed Territory; (b) the trainee is not a national of a country in the Licensed Territory; (c) the Session takes place outside the Licensed Territory; or (d) the Device is located outside the Licensed Territory. "Third-Country Use" means one or more Third-Country Sessions.

3 Licence grant

3.1 Grant. Subject to payment and compliance with this EULA, EODynamics grants the Licensee a non-exclusive, non-transferable, non-sublicensable and revocable licence to install and use EHART on the number of Devices in the Order, within the Licensed Territory, by Authorised Users, for the Declared Use. Unless the Order says otherwise, the Declared Use is internal training of the Licensee's own personnel.

3.2 Licence types. An annual licence runs for the term in the Order. A perpetual licence gives a continuing right to use the version licensed, plus updates EODynamics releases while support is active. Every licence is per Device.

3.3 Device changes. A licence moves to a replacement Device only through EODynamics, which re-provisions the new Device. The old Device must be returned or wiped under EODynamics' instructions.

3.4 Training other organisations. The Licensee may train personnel of another organisation only (a) within the Licensed Territory with notification under section 6, or (b) outside it with EODynamics' prior written approval under section 6. The Licensee may not sell or provide EHART-based training as a commercial service to third parties without a separate written agreement.

3.5 Evaluation and demonstration licences. A trial, evaluation or demonstration licence is time-limited and may be sold under a annual license. It may be used only to decide whether to buy EHART, never for competitive analysis, product development, replication, benchmarking against a proposed or active competing product, our for industry knowledge to compete with the EHART system or family of products.

3.6 Updates. EODynamics may deliver updates automatically. Security, licensing and compliance updates must be installed within [14] days of release or assume that any purchasing conditions, EULA updates, or general conditions will not be honor without written consent from EODynamics.

3.7 Licensed, not sold. EHART is licensed, not sold. Buying a Device, even one supplied by EODynamics, transfers ownership of the hardware, software, applications, and right to usage. EODynamics and its licensors keep all rights not expressly granted.

4 Restrictions and prohibited conduct

4.1 Prohibited acts. The Licensee and every Authorised User must not, and must not allow, help or instruct anyone else to:

(a) copy, reproduce, modify, translate, adapt or create derivative works of the Licensed Materials;
(b) decompile, disassemble, reverse engineer, decrypt or try to derive source code, models, data, algorithms or logic from EHART, except to the extent mandatory law expressly permits despite this restriction, and then only after first asking EODynamics in writing for the information needed;
(c) extract, export, dump or capture 3D models, meshes, textures, audio, scenario data or files from EHART or a Device, by any means, including developer mode, ADB, sideloading tools, file managers, memory inspection, frame or GPU capture tools, photogrammetry or 3D scanning of rendered content;
(d) record, screen-cast, stream, photograph or screenshot a Session, except through EHART's built-in instructor and debrief features our those offered through the Meta Multiple Device Manager for internal training, or with EODynamics' written consent;
(e) use the Licensed Materials, or any knowledge, observation or Confidential Information obtained from them, to specify, design, develop, train, validate, benchmark, improve, procure, market, sell or support a Competing Product, whether for the Licensee, an Affiliate or anyone else. This includes using EHART as a reference for scenarios, interaction design, interface flows, the model library, curriculum or detector simulation;
(f) give access to EHART, a Device, the Documentation or a demonstration to any software developer, XR or simulation company, integrator, competitor of EODynamics, or any person developing a Competing Product, without EODynamics' prior written consent;
(g) demonstrate EHART at an exhibition, conference, sales meeting or to a prospective customer of the Licensee, or use the EHART name, screenshots or footage in marketing, without EODynamics' prior written consent;
(h) describe or market any other product as derived from, based on, equivalent to, compatible with, or a replacement for EHART;
(i) rent, lease, lend, sell, resell, sublicense, distribute, time-share or provide EHART as a service;
(j) factory-reset, re-provision, remove from EODynamics device management, enable developer mode, root, change the account on, or install unapproved software on a Device, except as EODynamics instructs;
(k) disable, bypass or interfere with logging, licence checks, location or region checks, encryption, watermarks or other protections, including by VPN, proxy or network blocking except where expressly permitted by EODynamics in writing;
(l) give false or incomplete information in a trainee declaration;
(m) remove or alter any proprietary notice, label or watermark;
(n) use the Licensed Materials, or recordings or screenshots of them, as input to train, fine-tune or prompt any AI model, or to generate or reconstruct 3D assets;
(o) publish benchmark, comparison or performance results about EHART without EODynamics' prior written consent; or
(p) use EHART in breach of sections 6, 7 or 14.

4.2 Trainee skills are not restricted. Authorised Users may use the general EOD, IEDD, C-IED and mine action knowledge and skills they gain in training in their professional duties. Section 4.1 restricts use of EHART's design, content and know-how, not a trainee's competence.

4.3 Duty to report. The Licensee must notify EODynamics in writing within [5] business days of becoming aware of any actual or suspected breach of this section, by anyone.

5 Intellectual property, confidentiality and independent-development verification

5.1 Ownership. EODynamics and its licensors own all intellectual property rights in the Licensed Materials, including copyright, database rights, design rights, trade marks and trade secrets. Any derivative work, improvement or modification made in breach of this EULA belongs to EODynamics on creation, and the Licensee hereby assigns, and must procure that its Affiliates and personnel assign, all rights in it to EODynamics.

5.2 Trade secrets. The Licensee acknowledges that the Licensed Materials contain trade secrets within the meaning of the Swedish Trade Secrets Act (lag (2018:558) om företagshemligheter) and Directive (EU) 2016/943, and that this EULA, Device management and logging are reasonable measures EODynamics takes to keep them secret.

5.3 Confidentiality. The Licensee must keep Confidential Information confidential, use it only for the Declared Use, share it only with Authorised Users who need it, and protect it with at least reasonable care. This duty lasts during the licence and for [10] years after it ends, and for trade secrets for as long as they remain trade secrets. It does not apply to information the Licensee can prove was public through no breach, was lawfully known to it before receipt, or was independently developed without access to Confidential Information. If law or a court requires disclosure, the Licensee must give EODynamics prompt notice, where lawful, and disclose only what is required.

5.4 Feedback. EODynamics may use any feedback or suggestions about EHART freely and without obligation.

5.5 Separation of personnel. Personnel of the Licensee or its Affiliates who have had access to EHART beyond ordinary trainee use, such as administrators, instructors who configured scenarios, procurement evaluators and technical staff, must not take part in specifying, designing or developing a Competing Product for [24] months after their last access, unless EODynamics consents in writing. This protects EODynamics' know-how and does not stop the Licensee from developing products independently.

5.6 Notice of competing development. If the Licensee or an Affiliate starts developing, commissioning, procuring or marketing a Competing Product during the licence or within [36] months after it ends, the Licensee must notify EODynamics in writing within [30] days. The notice must name the product, its developer and the date work began.

5.7 Verification of independent development. Where EODynamics has reasonable grounds to suspect a breach of section 4 or this section, the Licensee must, within [20] business days of a written request:

(a) provide a written development history of the relevant product, with dated design documents, asset sources and version-control history;
(b) give an independent expert appointed by EODynamics access to the source code, asset repositories and build history of the relevant product. The expert signs a confidentiality undertaking and reports only whether, and to what extent, Licensed Materials or Confidential Information were used;
(c) demonstrate the relevant modules of the product; and
(d) deliver a written certificate, signed by a director or officer, confirming that no Licensed Materials or Confidential Information were used.

EODynamics pays the expert's costs unless a breach is found, in which case the Licensee pays them together with the costs in section 11.7.

5.8 Burden of proof. If the Licensee does not fully comply with section 5.7, or if a product of the Licensee or an Affiliate is substantially similar to the Licensed Materials in content, scenarios, models or interaction design, the Licensee bears the burden of proving it was developed independently and without use of the Licensed Materials.

5.9 Affiliates. The Licensee must ensure that its Affiliates, current and future, comply with sections 4 and 5, and is liable for their acts as its own.

5.10 Pre-existing materials. Nothing in this EULA restricts the Licensee's use of its own materials that it can show, by dated records, existed before it first had access to EHART.

6 Third-country use, end use and trainee notification

6.1 Why. EODynamics must know who EHART trains and on what, so it can meet its export-control and sanctions duties in Sweden, the EU, the United States of America and elsewhere, and protect its intellectual property. The Licensee accepts that this section is an essential condition of the licence.

6.2 Trainee declaration. Every Session begins with the trainee declaration in Part A. For Third-Country Sessions the declaration must include the trainee's full name, organisation and unit, the country that organisation serves, nationality, training location and instructor.

6.3 Automatic notification. For every Third-Country Session, EHART reports to EODynamics: the declaration data; Session date, time and duration; Device ID; and the instructor. The Licensee must ensure each Device used for Third-Country Use connects to the internet within [72] hours after each Session.

6.4 Advance notice. At least [15] business days before any of the following, the Licensee must notify EODynamics in writing of the host country, end-user organisation, expected number and nationality of trainees, modules to be used, dates, location and instructors:

(a) a course, deployment or programme involving Third-Country Use;
(b) moving a Device outside the Licensed Territory, even temporarily, for example for an exercise, conference or mission.

EODynamics may object within [10] business days of a complete notice. If it objects, the Licensee must not proceed.

6.5 Prior written approval. The following always need EODynamics' prior written approval, which it may refuse or make conditional at its discretion:

(a) any use involving a Restricted Destination (which EODynamics will normally refuse);
(b) training military, security, intelligence or police personnel of a country outside the Licensed Territory;
(c) training personnel of a commercial company, integrator, software or simulation developer, or equipment manufacturer;
(d) permanently transferring a Device to another organisation or country.

Approval may be conditional on export licences, an end-user certificate or other documents. Approval covers only the trainees, modules, places and dates stated in it.

6.6 End-user documentation. On request, the Licensee must provide, and procure from the end-user organisation, a signed end-user certificate or end-use statement in EODynamics' form. It confirms the end user, end use, location, no re-transfer without consent, and no use in or for a Restricted Destination.

6.7 Informing trainees. The Licensee must inform each trainee, before their first Session, that their data will be shared with EODynamics as described in Part C, and must obtain any approval its own law requires for that sharing.

6.8 Blocking. EHART may automatically block a Session where the declaration, Device location or network region indicates a Restricted Destination or an unapproved Third-Country Session. The Licensee must not try to get around a block.

6.9 Training records. The Licensee must keep records of all Third-Country Use (trainees, organisations, modules, dates and places) for [5] years, and provide them to EODynamics within [10] business days of a request.

6.10 Breach. Third-Country Use without the notice or approval this section requires, or a false declaration, is a material breach and triggers the remedies in section 11.

7 Export control and sanctions

7.1 Controlled product. EHART, its content and related training may be controlled as military equipment, software or technical assistance under Swedish and EU law, and in some cases under US law, depending on configuration and content. EODynamics may need export licences or other approvals. It may delay, condition or refuse delivery, support, updates, approvals or Third-Country Use until those are granted, without liability.

7.2 Swedish and EU law. The Licensee must comply with, and must not cause EODynamics to breach:

(a) the Swedish Military Equipment Act (lag (1992:1300) om krigsmateriel) and Ordinance (förordning (1992:1303) om krigsmateriel), including the permit requirements for exporting military equipment, providing technical assistance abroad, and militarily oriented training of non-Swedish citizens;
(b) the Swedish Act on control of dual-use items and technical assistance (lag (2000:1064)) and Regulation (EU) 2021/821;
(c) Council Common Position 2008/944/CFSP on arms exports; and
(d) EU and Swedish restrictive measures, including Council Regulation (EU) No 833/2014 (Russia), Council Regulation (EC) No 765/2006 (Belarus) and the Swedish Act on certain international sanctions (lag (1996:95) om vissa internationella sanktioner).

The Licensee must not conduct EHART training of non-Swedish citizens in Sweden for military purposes unless EODynamics confirms in writing that any required permit is in place.

7.3 US law. To the extent any Licensed Materials, components, Devices or services are subject to US jurisdiction, including US-origin software or hardware, or services performed by US persons, the Licensee must comply with the Export Administration Regulations (15 CFR Parts 730–774), the International Traffic in Arms Regulations (22 CFR Parts 120–130) and the sanctions regulations administered by the US Treasury Department's Office of Foreign Assets Control (31 CFR Chapter V). The Licensee must not use EHART for any end use prohibited by 15 CFR Part 744, including nuclear, chemical or biological weapons, missiles, or prohibited military or military-intelligence end uses.

7.4 Restricted Parties. The Licensee represents, and confirms at every Session, that neither it, its Affiliates, directors, owners of 50% or more, nor any Authorised User is a Restricted Party or acting for one. It must notify EODynamics immediately if this changes.

7.5 No Russia, no Belarus, no China. The Licensee:

(a) must not sell, export, re-export, transfer or make available EHART, a Device, the Licensed Materials or EHART-based training, directly or indirectly, to Russia or Belarus or China or for use there, or to any person, entity or body in or acting for either country, including their armed forces, defence ministries, engineering troops and state-owned entities;
(b) must not demonstrate EHART to, or train, any such person, wherever located, including at exhibitions and conferences;
(c) must use best efforts to ensure that no third party further down the chain, including resellers, frustrates (a) or (b);
(d) must keep an adequate mechanism to detect such conduct by third parties;
(e) must inform EODynamics immediately of any problem in applying this section, including relevant third-party activity; and
(f) must give EODynamics information on its compliance with this section within two weeks of a request.

A breach of this section 7.5 is a material breach of an essential element of this EULA. EODynamics may terminate immediately and claim the contractual penalty in section 11.4. The same obligations apply to every other Restricted Destination.

7.6 Re-export. Any re-export or transfer the Licensee makes, where permitted, is its own responsibility, including obtaining any licences it needs.

7.7 EODynamics' rights. EODynamics may suspend or refuse performance, block Sessions, and notify competent authorities in Sweden, the EU, the US or elsewhere of any suspected breach of export-control or sanctions law. EODynamics has no liability for refusing to act where acting would breach, or risk breaching, any such law.

8 Device logs, session data and licence enforcement

8.1 What EHART records. EHART and the Device record and send to EODynamics:

(a) Device data: serial number, Device ID, operating system and firmware version, account, IP address, approximate location (country or region), and developer-mode, ADB and casting status;
(b) integrity events: launches, EULA acceptances, licence checks, and attempts to access, copy, capture, cast or export files or content, or to tamper with EHART;
(c) Session Data: the trainee declaration, modules, scenarios and content items used, duration, instructor actions and performance results; and
(d) support data you send us.

EHART does not record video or audio of users or their surroundings, and does not capture the passthrough camera feed, [except where an instructor enables a debrief recording feature].

8.2 Purposes. EODynamics uses this information to verify licences; meet export-control and sanctions duties, including section 6; secure EHART and detect misuse, tampering and intellectual property infringement; provide support and training records; improve EHART using aggregated data; and establish, exercise or defend legal claims.

8.3 Consent to monitoring. The Licensee authorises this collection and use, and must inform its Authorised Users of it. Personal data is handled as described in Part C.

8.4 Evidence. The parties agree that Device Logs are accurate unless the Licensee proves otherwise. EODynamics may use Device Logs, correspondence and Session Data as evidence in any proceeding, and may disclose them to courts, arbitral tribunals, competent authorities and its professional advisers.

8.5 What EODynamics may say. Nothing in this EULA, or in any confidentiality obligation of EODynamics, prevents EODynamics from (a) reporting a suspected breach of law to a competent authority, (b) using evidence in legal proceedings, or (c) informing its customers, partners and distributors, in a fair and factual way, that a licence has been suspended or terminated for breach.

8.6 Connectivity. Each Device must connect to EODynamics' licence service at least every [30] days, and within [72] hours after a Third-Country Session. Logs are stored encrypted on the Device while offline. A Device that has not connected for [45] days may enter restricted mode until it does. Field deployments with limited connectivity can ask EODynamics in writing for a longer offline period.

8.7 Remote measures. EODynamics may remotely update EHART, suspend or revoke licences, restrict modules or content, lock a Device, or remove EHART content from a Device, in the circumstances in section 11.6. Where practical, it will let the Licensee export its training records first.

8.8 Watermarks. EHART content may carry visible or invisible marks identifying the Licensee and the Device.

8.9 Data rights. The Licensee may access and export its own training records [through the instructor dashboard]. EODynamics owns Device Logs and aggregated or anonymised data.

9 Training, safety and content disclaimers

9.1 Training aid only. EHART supports training. It does not replace accredited training, live or inert practical training, qualified supervision, the International Mine Action Standards (IMAS), national mine action or military standards, or the Licensee's SOPs. Completing EHART modules is not a qualification, certification or authority to carry out EOD, IEDD, C-IED or mine action tasks. The Licensee is responsible for its training management, accreditation and competency assessment.

9.2 Content limits. Munition models are for recognition and familiarisation. Dimensions, markings, colours, fuzing and hazards may be simplified or generalised, and real items vary, including modified and improvised items. Procedures shown are illustrative training sequences, not approved operational procedures of any authority. Never rely on EHART alone to identify an item, judge its hazard or choose a procedure. Treat all explosive ordnance as dangerous and follow authorised procedures.

9.3 Equipment simulation. Detector and equipment behaviour in EHART approximates real equipment. It does not reproduce every real-world condition, such as soil mineralisation, interference, terrain or equipment faults. Equipment names and marks belong to their owners and do not imply endorsement.

9.4 No classified information. EODynamics builds the Licensed Materials from open and EODynamics-produced sources and does not supply classified information. The Licensee must not load classified, controlled unclassified or national-security information into EHART or custom content without a separate written agreement covering security arrangements.

9.5 Health and safety. Using a VR headset can cause dizziness, nausea, eye strain, disorientation, falls and collisions, and in rare cases seizures. Authorised Users must:

read and follow the headset manufacturer's health and safety warnings;
use EHART in a clear, safe area under instructor supervision;
take a break at least every [30] minutes, and stop at once if they feel unwell;
not use EHART while impaired, or before driving or operating machinery until fully recovered; and
ask a doctor before use if pregnant, or with a history of seizures, heart conditions or other serious medical conditions.

The Licensee must clean face interfaces between users. Authorised Users must be at least 18 years old. EHART is not designed for children.

9.6 Supervision. The Licensee must ensure a qualified instructor supervises Sessions and debriefs trainees.

9.7 No endorsement. EHART is not endorsed by the United Nations, UNMAS, the GICHD, the IMAS Review Board, NATO, the US Department of Defense or any armed force or government, unless EODynamics states otherwise in writing. References to IMAS or STNAG show intended alignment, not certification.

10 Warranty, liability and indemnity

10.1 Limited warranty. For [24] months from delivery, EHART will perform materially as described in the Documentation on supported Devices. Hardware supplied by EODynamics carries a [2-year] limited warranty against manufacturer defects. The Licensee's sole remedy for a breach of this warranty is, at EODynamics' choice, repair, replacement, or a refund of the fee paid for the affected item.

10.2 Exclusions. The warranty does not cover problems caused by misuse, accident, unauthorised modification, unsupported devices, third-party software, or breach of this EULA.

10.3 Disclaimer. Except as stated in section 10.1, and to the extent the law allows, EHART is provided "as is". EODynamics gives no other warranty, express or implied, including fitness for a particular operational purpose, uninterrupted or error-free operation, or that content is complete or accurate for any specific item or situation.

10.4 Cap. EODynamics' total liability under or in connection with this EULA is limited to the fees the Licensee paid for the affected licence in the 12 months before the claim arose (or, for a perpetual licence, the licence fee paid for the affected Device).

10.5 Excluded losses. EODynamics is not liable for indirect or consequential loss, lost profit, revenue or business, loss of data, business interruption, third-party claims, or loss arising from operational decisions or incidents involving explosive ordnance in which EHART training was a factor.

10.6 What is not limited. Nothing in this EULA limits liability that cannot be limited by law, including for wilful misconduct or gross negligence, or for death or personal injury caused by negligence. The cap and exclusions in sections 10.4 and 10.5 do not limit the Licensee's liability for breach of sections 4, 5, 6, 7 or 14, or under section 10.7.

10.7 Indemnity. The Licensee will indemnify and hold harmless EODynamics, its officers and personnel against all claims, fines, penalties, losses and reasonable costs (including legal fees) arising from: (a) its breach of export-control, sanctions or anti-corruption law; (b) unauthorised use, including Third-Country Use without required notice or approval; (c) its failure to inform trainees or obtain approvals under section 6.7; or (d) operational use by its personnel of skills or knowledge gained through EHART.

11 Verification, remedies and suspension

11.1 Audit. On [15] business days' written notice, and no more than once in any 12 months unless EODynamics has reasonable grounds to suspect a breach, EODynamics or an independent auditor may inspect the Licensee's Devices, training records and premises where EHART is used, in person or remotely. The Licensee must cooperate. If an audit shows unlicensed use, the Licensee pays the fees for that use at EODynamics' list price, plus the cost of the audit.

11.2 Compliance certificate. Once a year on request, the Licensee must give EODynamics a certificate, signed by a director or officer, confirming compliance with sections 4 to 7.

11.3 Urgent relief. A breach of sections 4 to 7 may cause EODynamics harm that money cannot repair. EODynamics may seek interim measures, injunctions or other urgent relief from any competent court or an emergency arbitrator, without first proving loss, and without security where the law allows.

11.4 Contractual penalty. The Licensee must pay EODynamics the following amounts on demand, without EODynamics having to prove loss:

Breach

Penalty

Extraction, copying or capture of Licensed Materials (4.1 a–d, n)

EUR [100,000] per breach or attempted breach

Use for a Competing Product, or access given to a developer or competitor (4.1 e–f, section 5)

EUR [250,000] per breach or attempted breach

Unapproved demonstration or marketing use (4.1 g–h)

EUR [25,000] per event or attempted breach

Third-Country Use without required notice or approval, or a false declaration (section 6)

EUR [10,000] per Device per month or part month

Breach of section 7.5 (no Russia, no Belarus, no China) or use involving any Restricted Destination

The higher of EUR [250,000] or [100]% of all fees paid under the Order; Whichever is higher

Tampering with logging, licence checks or Device management (4.1 j–k)

EUR [50,000] per Device

Payment of a penalty does not limit EODynamics' right to claim damages for loss exceeding the penalty, or any other remedy. The parties agree the amounts are reasonable given the value of the Licensed Materials and the difficulty of proving loss from these breaches.

11.5 Competing Products. If a Competing Product has been developed or marketed in breach of this EULA, the Licensee must, and must procure that its Affiliates: (a) stop developing, marketing, selling, supporting and demonstrating it; (b) deliver up or destroy all materials derived from the Licensed Materials and certify this in writing; (c) account for all revenue from it; and (d) compensate EODynamics for its loss, including lost profits, harm to its market position and reputation, and a reasonable licence fee for the use made. EODynamics may, at its sole choice, offer to regularise the use under a written licence agreement. Signing one does not waive past breaches unless it says so expressly.

11.6 Suspension. EODynamics may immediately suspend licences, support, updates or approvals, block Sessions, or lock Devices or remove content remotely if: (a) it reasonably suspects a breach of sections 4 to 7 or 14; (b) law or a competent authority requires it; (c) fees are more than 30 days overdue after written notice; or (d) there is a security threat to EHART. EODynamics will tell the Licensee the reason promptly, unless the law prevents it, and will restore access when the cause is resolved. A suspension caused by the Licensee's breach does not extend the licence term or give a right to a refund.

11.7 Costs. The Licensee must reimburse EODynamics' reasonable costs of investigating and establishing a breach, including forensic analysis, expert and legal fees.

12 Term and termination

12.1 Term. An annual licence runs for the term in the Order. A perpetual licence continues until terminated under this section. For an Authorised User, this EULA applies to each Session and to any obligation that survives it.

12.2 Termination by EODynamics. EODynamics may terminate the licence by written notice:

(a) if the Licensee commits a material breach and does not remedy it within 30 days of notice;
(b) immediately, for any breach of sections 4, 5, 6, 7 or 14, or an untrue representation under section 1.6;
(c) immediately, if the Licensee becomes insolvent, enters liquidation or a similar process, or ceases business; or
(d) immediately, if the Licensee comes under the control of a Restricted Party or a developer of a Competing Product.

12.3 Termination by the Licensee. The Licensee may terminate an annual licence at the end of its term, or under section 1.7. It may terminate for EODynamics' material breach not remedied within 30 days of notice.

12.4 Change of control. The Licensee must notify EODynamics within 30 days of any change in its control.

12.5 Effect of termination. On termination the Licensee must stop using EHART, allow EODynamics to remove it from all Devices, and return or destroy all Confidential Information and certify this in writing. Unpaid fees become due at once. Fees are not refunded if termination results from the Licensee's breach. The Licensee may ask, within 30 days, for an export of its training records.

12.6 Survival. Sections 1.6, 4.1(e)–(h) and (n), 5, 6.9, 7, 8.4, 8.5, 10, 11, 16 and 17, and any other provision that by its nature should survive, continue after termination.

13 Government and international organisation users

13.1 US Government. EHART and the Documentation are "commercial products", "commercial computer software" and "commercial computer software documentation" as defined in FAR 2.101. Consistent with FAR 12.212 and DFARS 227.7202-1 and 227.7202-3 (or successor provisions), US Government end users acquire them with only the rights in this EULA.

13.2 Public access laws. Where the Licensee is a public body, it acknowledges that the Licensed Materials and Confidential Information contain trade secrets and confidential commercial information. It must, as far as its law allows, protect them from public disclosure, including under the Swedish Public Access to Information and Secrecy Act (offentlighets- och sekretesslagen (2009:400)) and, for US agencies, as confidential commercial information under 5 U.S.C. § 552(b)(4). It must notify EODynamics before releasing any of them.

13.3 Immunity. To the extent the Licensee may claim immunity from suit, jurisdiction or enforcement, it waives that immunity, as far as its law allows, for disputes under this EULA.

13.4 International organisations. Nothing in this EULA waives the privileges and immunities of the United Nations or another international organisation. Disputes with such an organisation or the organizations that EHART was purchase for are resolved under the EULA first; dispute procedure in the signed agreement with it second, or otherwise by [UNCITRAL] arbitration.

14 Permitted end uses, ethics and anti-corruption

14.1 Permitted end uses. EHART may be used only for training in explosive ordnance disposal, IEDD, C-IED, humanitarian mine action (survey, clearance and explosive ordnance risk education), ammunition safety, and related protective defence, security and law-enforcement purposes.

14.2 Prohibited end uses. EHART must not be used:

(a) to design, make, assemble, emplace or improve explosive devices, improvised explosive devices, mines, booby traps or munitions;
(b) by or for a terrorist organisation, or in support of any act of terrorism;
(c) in any way contrary to international humanitarian law, the Anti-Personnel Mine Ban Convention, the Convention on Cluster Munitions or the Convention on Certain Conventional Weapons, to the extent they bind the Licensee's state; or
(d) to train any unit where there is credible information that it has committed gross violations of human rights or serious violations of international humanitarian law.

14.3 Anti-corruption. The Licensee must comply with all applicable anti-corruption laws, including the Swedish Penal Code (brottsbalken, chapter 10, sections 5 a–5 e), the US Foreign Corrupt Practices Act and, where applicable, the UK Bribery Act 2010. It must not offer, pay or accept any improper advantage in connection with EHART, any export approval or any end-user document.

14.4 No false association. The Licensee must not describe itself as a partner, distributor, reseller, developer or representative of EODynamics without a written agreement saying so.

14.5 Reporting. EODynamics may report suspected breaches of this section to competent authorities.

15 Third-party components and platform terms

15.1 Third-party software. EHART includes third-party components, such as a game engine runtime and open-source libraries, licensed under their own terms. These are listed in the in-app Notices screen and the Documentation. Where an open-source licence requires, its terms apply to that component.

15.2 Headset platform. Meta Quest Devices are subject to Meta's own terms of service and privacy policy, which Authorised Users and the Licensee accept separately. EODynamics is not responsible for Meta's processing of data. Meta and Meta Quest are trade marks of Meta Platforms, Inc.

15.3 Other marks. Names of detectors, tools and other equipment shown in EHART are trade marks of their owners. Their use does not imply affiliation or endorsement.

15.4 US-origin components. Some components may be of US origin and subject to the Export Administration Regulations. Section 7.3 applies to them.

16 Governing law and disputes

16.1 Governing law. This EULA is governed by Swedish law, without regard to its conflict-of-laws rules. The UN Convention on Contracts for the International Sale of Goods does not apply.

16.2 Arbitration. Any dispute, controversy or claim arising out of or in connection with this EULA, or its breach, termination or validity, is finally settled by arbitration administered by the SCC Arbitration Institute (Stockholm Chamber of Commerce). The Rules for Expedited Arbitrations apply where the amount in dispute is below EUR [500,000]; otherwise the Arbitration Rules apply, with [one / three] arbitrators. The seat is Stockholm, Sweden. The language is English.

16.3 Confidential proceedings. The parties must keep the arbitration and the award confidential, except as needed to enforce or challenge an award, to report to competent authorities, as permitted by section 8.5, or as required by law.

16.4 Courts for urgent relief and infringement. Despite section 16.2, EODynamics may seek interim measures, injunctions or enforcement in any competent court, including where the Licensee or an Affiliate is established or where infringement occurs. EODynamics may also bring intellectual property infringement claims against the Licensee, its Affiliates or third parties in any jurisdiction where infringement occurs.

16.5 Enforcement. Awards may be enforced under the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

16.6 Individual rights. Nothing in this EULA limits rights an individual Authorised User has under mandatory law, including data protection rights and the right to complain to a supervisory authority.

17 General provisions

17.1 Entire agreement. This EULA, the Order and any signed licence agreement are the entire agreement on their subject.

17.2 Language. This EULA is written in English. Translations are for convenience; the English text prevails.

17.3 Severability. If a provision is invalid or unenforceable, it applies to the maximum extent allowed, and the rest of the EULA continues in force.

17.4 No waiver. A delay or failure to enforce a right is not a waiver of it.

17.5 Assignment. The Licensee may not assign or transfer this EULA or any licence without EODynamics' prior written consent. EODynamics may assign it to an affiliate or a successor to its business.

17.6 Notices. Notices to EODynamics go to [legal@eodynamics.co] with a copy to the registered address in Part D. Notices to the Licensee go to the contact in the Order, or through EHART. Email notices are effective when sent, unless a delivery failure is received.

17.7 Force majeure. EODynamics is not liable for delay or failure caused by events beyond its reasonable control, including the refusal, delay or revocation of an export licence, and new or changed sanctions.

17.8 Relationship. The parties are independent contractors. No partnership, agency or joint venture is created.

17.9 Third parties. No one other than EODynamics, the Licensee and Authorised Users has rights under this EULA, except EODynamics' licensors as to their components.

17.10 Electronic records. Electronic acceptance records and Device Logs are valid evidence of acceptance and of the version accepted.

17.11 Interpretation. "Including" means "including without limitation". Headings are for convenience only.

Part C — Privacy notice for EHART users

This notice tells EHART users what personal data EODynamics processes and why, as required by Article 13 of the General Data Protection Regulation (EU) 2016/679 (GDPR) and the Swedish Data Protection Act (lag (2018:218)).

C.1 Controller. EODynamics AB, corporate identity number 559432-3833, [registered address], Sweden. Contact: [privacy@eodynamics.co]. [Data protection officer: not appointed / name and contact.] Your organisation (the Licensee) is a separate controller for its own training records.

C.2 What we process, why, and for how long

Data

Purpose

Legal basis (GDPR Art. 6)

Kept for

Name or trainee ID, organisation, unit, role, country served, nationality, training location, instructor

Export-control and sanctions compliance; third-country notification; licence verification

6(1)(c) legal obligation, where export or sanctions law requires it; otherwise 6(1)(f) legitimate interests in lawful export and protecting our IP

[5] years after the Session

Modules, scenarios and content used; Session times and duration; performance results

Training records for your organisation; compliance; product improvement in aggregated form

6(1)(b) performance of this EULA; 6(1)(f) legitimate interests

[3] years, or licence term plus [1] year

Device ID, serial number, IP address, approximate location, integrity and security events

Licence enforcement, security, misuse and infringement detection, evidence

6(1)(f) legitimate interests

[3] years; longer while needed for a legal claim

EULA acceptance records (version, time, Device, user)

Proof of acceptance

6(1)(f) legitimate interests

Licence term plus [10] years

Support messages

Providing support

6(1)(b) or 6(1)(f)

[3] years

We do not record video or audio of you or your surroundings, and we do not use your data for advertising. Access to information on your Device is limited to what is strictly necessary to provide, license and secure EHART, in line with the Swedish Electronic Communications Act (lag (2022:482) om elektronisk kommunikation). [If any other device access is added, it will be based on your consent.]

C.3 Is the data required? Yes. The trainee declaration is a condition of the licence. Without it a Session cannot start.

C.4 Who receives it. EODynamics personnel who need it; our hosting and IT service providers acting as processors under data processing agreements [name providers]; your organisation (your training records); our professional advisers; and, where the law requires or permits, competent authorities, courts and arbitral tribunals in Sweden, the EU, the US or elsewhere. Meta processes Device data under its own terms.

C.5 Transfers outside the EEA. Where data is processed outside the EU/EEA, we use an adequacy decision of the European Commission (including the EU–US Data Privacy Framework for certified recipients) or the European Commission's standard contractual clauses. You can ask us for a copy of the safeguards.

C.6 Automated blocking. EHART automatically blocks a Session when the declared or detected country is restricted. This does not affect you beyond the Session not starting. You can ask for a human review at infor@eodynamics.co.

C.7 Your rights. You may ask for access to, correction or deletion of your data, restriction of processing, data portability, and you may object to processing based on legitimate interests. Some rights are limited where we must keep data to meet a legal obligation or for legal claims. Contact info@eodynamics.co. You may complain to the Swedish Authority for Privacy Protection (Integritetsskyddsmyndigheten, imy.se) or the supervisory authority where you live or work.

C.8 Users in the United States. EODynamics does not sell personal information or share it for targeted advertising. Where a US state privacy law gives you rights, contact info@eodynamics.co.

C.9 Security. Data is encrypted in transit and at rest, and access is limited to authorised personnel.

C.10 Changes. We will show material changes to this notice on the session start screen.

Part D — Company and legal disclosures

Shown in the in-app About/Legal screen and on the EULA web page. These details meet the Swedish e-commerce information requirements (lag (2002:562) om elektronisk handel och andra informationssamhällets tjänster, section 8).

Item

Detail

Supplier

EODynamics AB, Swedish private limited company (aktiebolag)

Corporate identity number

559432-3833

Registered with

Bolagsverket (Swedish Companies Registration Office)

Registered office

St Johannesgatan 2

211 46 Malmö

SWEDEN

Postal address

St Johannesgatan 2

211 46 Malmö

SWEDEN

VAT registration number

SE559432383301

Website

eodynamics.co

General and legal contact

info@eodynamics.co

Export compliance

info@eodynamics.co

Privacy

info@eodynamics.co

Report suspected misuse or copying

info@eodynamics.co

Swedish permits

ISP permit or classification reference, if held

D.1 Export control notice. EHART and related training may be subject to Swedish, EU and US export controls and to UN, EU, Swedish, UK and US sanctions. Export, re-export, transfer or training involving a Restricted Destination or Restricted Party is prohibited. See sections 6 and 7.

D.2 US Government end users. EHART is commercial computer software provided with restricted rights only. See section 13.1.

D.3 No government endorsement. EHART is a commercial product of EODynamics AB. It is not a product of, or endorsed by, the US Government, the US Department of Defense, any armed force, the United Nations or any other government or international body.

D.4 Trade marks. EHART and EODynamics are trade marks of EODynamics AB [registered / unregistered — confirm]. Meta and Meta Quest are trade marks of Meta Platforms, Inc. Other marks belong to their owners.

D.6 Version history
Version

Date

Change

1.6

20261030

First release of session-start EULA, replacing the installation-only EULA