End-User License Agreement AZTEQ WEB3 METAVERSE BUILDER and other AZTEQ Metaverse software products.

Revised: 1.2 July 1, 2024

IMPORTANT -- READ CAREFULLY: BY DOWNLOADING, INSTALLING, OR USING THE SOFTWARE, YOU REPRESENT THAT YOU PURCHASED THE SOFTWARE FROM AN APPROVED SOURCE AND YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON, COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY OR LEGAL ENTITY TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS:

• DO NOT DOWNLOAD, INSTALL, COPY, ACCESS OR USE THE SOFTWARE; AND
• PROMPTLY DELETE OR RETURN THE SOFTWARE FOR A FULL REFUND.

This End-User License Agreement ("Agreement") is a legal agreement hereby entered into between you, either an individual, company or other legal entity, and its affiliates (hereafter, “Customer”) and AZTEQ Metaverse, and/or xUniverse B.V and/or Web3 Acquisition Group B.V., The Netherlands ("Licensor") for the Software. AZTEQ Metaverse is a division of AMG Nederland B.V., Rosmalen, The Netherlands.

1 DEFINITIONS

1.1 “Affiliates” means an entity controlled by, under common control with, or controlling such party, where control is denoted as having fifty percent (50%) or more of the voting power (or equivalent) of the applicable legal entity. Subject to the terms and conditions of this Agreement, Affiliates may use the license granted hereunder. All references to Licensor shall be deemed to be references to Licensor and its Affiliates and all references to Customer shall be deemed to be references to Customer’s company or other legal entity and its Affiliate(s).

1.2 “Computer” means the hardware, if the hardware is a single computer system, whether physical or virtual, or means the computer system with which the hardware operates, if the hardware is a computer system component.

1.3 “Derivative Works” means a revision, enhancement, modification, translation, abridgment, condensation, or expansion of Software or any other form in which such Software may be recast, transferred or adapted, which, if used without the consent of Licensor, would constitute a copyright infringement.

1.4 “Documentation” means the official explanatory materials in printed, electronic or online form provided by Licensor to Customer on the use of the Software. For the avoidance of doubt, any installation guide or end user documentation not prepared or provided by Licensor, any online community site, unofficial documentation, videos, white papers, or feedback does not constitute Documentation.

1.5 “Fees” means the fees for the Software license (including any renewal or extension thereof), Support Services, or any other product or service purchased under this Agreement.

1.6 “Partners” means distributors and resellers authorized by Licensor or its distributors to resell the Software, or a co-branded version of the Software authorized by Licensor.

1.7 “Software” means the object code version of the product, together with the Documentation, and all third-party software that Licensor may have purchased or licensed from third parties and delivered to Customer as part of the Software, as well as any Updates provided by Licensor to Customer pursuant to this Agreement.

1.8 “Support Services” means the service for the correction of errors and/or support of the Software and the issuance of any Updates.

1.9 “Updates” means all subsequent releases and versions of the Software that Licensor makes generally available to its customers as part of purchased Support Services and which are not separately priced or marketed by Licensor.

2 OWNERSHIP

2.1 Ownership. Title to the Software, Documentation, Updates and all patents, copyrights, trade secrets and other worldwide proprietary and intellectual property rights in or related thereto are and will remain the exclusive property of Licensor and its Licensors. Customer may not remove any titles, trademarks or trade names, copyright notices, legends, or other proprietary markings in or on the Software, hardware or Documentation and will not acquire any rights in the Software, except the limited license specified in this Agreement. Licensor and its Licensors own all rights in any copy, translation, modification, adaptation or Derivative Works of the Software, including any improvement or development thereof. Licensor retains all rights not expressly granted to Customer in this Agreement. Customer shall promptly notify Licensor in writing upon discovery of any unauthorized use of the Software or Documentation or infringement of Licensor’s proprietary rights in the Software or Documentation.