End User License Agreement

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Posted Date: June 10, 2026

TEXAS A&M AGRILIFE EXTENSION SERVICE PRODUCTS END USER LICENSE
AGREEMENT

IMPORTANT-READ CAREFULLY

This License Agreement is between the licensee (“You”) and Texas A&M AgriLife Extension Service
(“AgriLife”), a member of The Texas A&M University System (“SYSTEM”), an agency of the State of
Texas.

Unless superseded by a signed license agreement between You and AgriLife, AgriLife is willing to
license Products to You only if You accept all terms and conditions contained in this License
Agreement. Please read the terms and conditions carefully. You have no right to copy, complete
installation or otherwise use the Products in any manner until You have agreed to the terms and
conditions of the License Agreement. If You do not agree to the terms and conditions as stated,
choose “I do not accept the terms in the license agreement” below. You may then request a refund
of applicable fees paid, which will be reviewed and approved on a case-by-case basis subject to
AgriLife’s return and refund policy.

ARTICLE 1-DEFINITIONS

Definitions. The terms used are defined as follows:

a. “Activation-based License” is a software licensing model requiring validation via the internet
or phone to verify authenticity, usually binding the software to a specific machine or user
account.

b. “Beta” means any alpha, beta, or prerelease Product.

c. “Documentation” means all user reference documentation that is delivered with the Software,
including but not limited to sample data provided for user’s reference and education.

d. “Legacy Product(s)” means older and/or unmaintained versions of the Software still in use or
held by organizations.

e. “License Code(s)” means any key, authorization number, enablement code, login credential,
activation code, token, account username and password, or other mechanism required for use
of a Product.

f. “Network License” means a license to install and use the Software and Documentation on
computer(s) on a network, but the number of simultaneous users may not exceed the number
allowed by the license.

g. “Online Application(s)” means Software designed for use within an online, web-based, or
Internet environment.

h. “Ordering Document(s)” means a sales quotation, purchase order, or other document
identifying the Products that You order.

i. “Perpetual License” a software licensing model allowing users to purchase a specific
software version with a one-time fee and use it indefinitely without recurring costs.

j. “Product(s)” means Software, Online Applications and Documentation licensed under the
terms of this Agreement. Products may include, but are not limited to CommunityViz,
Scenario 360, or Scenario 3D.

k. “Productive Purpose(s)” means Use of the Products for any purpose that results in money,
goods or property paid to You or any other person or entity. For example and without
limitation, fee-for-service work performed by a non-profit organization is a Productive
Purpose.

l.“Stand-Alone License”, also referenced as a “Seat-Based License”, means a license that
allows You to permit a specified number of authorized end user(s) to install and use the
Software and Documentation on a specified number of computer(s) for exclusive use by those
end users on the computers on which the Software is installed, according to the number of
authorized end users and the number of computers specified in the applicable Ordering
Document.

m. “Special Use License” means a license or access provided under a special program for use of
Products subject to special terms set forth herein.

n. “Software” means all or any portion of AgriLife’s proprietary software technology accessed
or downloaded from a AgriLife-authorized website or delivered on any media in any format
including backups, updates, service packs, patches, hot fixes, or permitted merged copies.

o. “Subscription License” means is a software licensing model where users pay a recurring fee
(monthly or annually) to access software, rather than a one-time perpetual purchase.

p. “Support Renewal License” means an additional or supplemental license for technical support
of Products.

q. “Term License” means a license or access provided for use of a Product for a limited time
period (“Term”) or on a subscription (Subscription License) or transaction basis.

ARTICLE 2-INTELLECTUAL PROPERTY RIGHTS AND RESERVATION OF OWNERSHIP

Products are licensed, not sold. AgriLife owns Products and all copies, which are protected by United
States and applicable international laws, treaties, and conventions regarding intellectual property and
proprietary rights including trade secrets. You agree to use reasonable means to protect Products from
unauthorized use, reproduction, distribution, or publication. AgriLife reserves all rights not specifically
granted in this License Agreement including the right to change and improve Products.

ARTICLE 3-GRANT OF LICENSE

3.1 Grant of License. AgriLife grants to You a personal, non-exclusive, non-transferable license solely to
use the Products as set forth in the applicable Ordering Documents (i) for which the applicable license
fees have been paid; (ii) for Your own internal use; (iii) in accordance with this Agreement and the
configuration ordered by You or as authorized by AgriLife or its authorized distributor; and (iv) for the
applicable Term or, if no Term is identified, until terminated in accordance with Article 5. License types
may include, but are not limited to, Stand-Alone License, Activation-based or other usage-based models,
Network License, Special Use License, Term License, Perpetual License, and Support Renewal License.
AgriLife may require You to purchase licenses based on seat counts, activation quantities, or other
defined metrics, along with optional time-based Technical Support Maintenance.

3.2 Evaluation, Trial, and Beta Licenses. Products acquired under an evaluation license or trial license
or under a Beta program are intended for evaluation and testing purposes only and not for Productive
Purposes or commercial use. Any such use is at Your own risk, and the Products do not qualify for
AgriLife or distributor maintenance.

3.3 Special Use Licenses. If You acquire Products under a special pricing program for government,
nonprofit, academic, or other limited-use license, Your use of the Products is subject to the following
additional terms according to the license type.

a. Government/Nonprofit License. You may Use the Products solely for Your own public
government or government-recognized non-profit activities and not for Productive Purposes or
commercial purposes. Use of the Product for paid services or fee-for-service work is not
permitted by this License.

b. Academic License. You may Use the Products solely for Your research, training or instruction at
an accredited academic program. Use of the Product for Productive Purposes or commercial
purposes is not permitted by this License. Use of the Product for paid services or fee-for-service
work is not permitted by this License.

c. Student License. You may Use the Products solely for Your own personal education or research
performed by You. By accepting this license, You affirm that as of the date of Your acceptance of
this Agreement, You are currently enrolled in an accredited academic program that has been
deemed by AgriLife at its sole discretion eligible for Student Licensing. Use of the Product for
Productive Purposes or commercial purposes is not permitted by this License. Use of the Product
for paid services or fee-for-service work is not permitted by this License.

3.4 Perpetual License. A Perpetual License grants You the right to use the Product indefinitely, subject
to the terms of this Agreement. A Perpetual License does not guarantee ongoing support, maintenance,
updates, enhancements, or continued compatibility with third-party platforms. You acknowledge that
continued use of a Product may depend on the availability of supporting technologies, third-party
platforms, operating systems, and licensing or activation services. AgriLife does not guarantee that such
dependencies will remain available or functional.

3.5 Support Renewal License. AgriLife may provide limited technical assistance solely for installation
and license activation, and only where Customer maintains an active Support Renewal License. No other
support or maintenance services are provided for Legacy Products.

3.6 Changes to Licensing Structures. AgriLife reserves the right to modify licensing models, including
transitioning from Perpetual Licenses to Subscription, Seat-based, Activation-based, or other usage-based
models. Unless expressly changed by AgriLife, existing licenses will continue to be governed by the
terms under which they were originally granted.

3.7 Technical Support and Maintenance (Current Products). A qualifying license purchase includes one (1) year of Technical Support Maintenance from the date of
purchase. After the first year of Technical Support Maintenance, You may purchase a Technical Support
Subscription, if available, to continue receiving support and maintenance services.

Technical Support Subscriptions:
• Are valid for one (1) year from the date of purchase
• May be renewed at a discounted rate within a limited renewal window around expiration
• May be purchased after expiration at full price

Technical Support and Software Maintenance include:
• Access to self-help resources (knowledge base, guides, and instructional materials)
• Technical assistance for troubleshooting issues related to software, licensing, and payments
• Access to download the latest available releases of supported Products

Technical Support and Software Maintenance do not apply to Legacy Products except as expressly stated
herein and do not grant rights to new or separately licensed Products.

ARTICLE 4-SCOPE OF USE

4.1 Permitted Uses

a. For Products delivered to You, You may:

1. Install and store Products on electronic storage device(s);
2. Make archival copies and routine computer backups; and
3. Move the Products in the licensed configuration to a replacement computer.

b. Online Applications. For Products that are Online Applications, You may enable, install, and use
Online Applications in the applicable online environment in accordance with the Ordering
Document(s) and Documentation.

c. Consultant or Contractor Access. Subject to Article 3.1, AgriLife grants You the right to permit
Your consultants or contractors to use the Products exclusively for Your benefit. You shall be solely
responsible for compliance by consultants and contractors with this License Agreement and shall
ensure that the consultant or contractor discontinues Product use upon completion of work for You.
Access to or use of Products by consultants or contractors not exclusively for Your benefit is
prohibited.

4.2 Uses Not Permitted. Except to the extent that applicable law prohibits or overrides these restrictions,
or as provided herein, You shall not:

a. Sell, rent, lease, sublicense, lend, assign, or time-share Products;

b. Use Software or Documentation for a site or service and operate the site or service for profit
or generate revenue through direct or indirect methods (e.g., advertising or by charging for
access to the site or service);

c. Redistribute Products to third parties, in whole or in part, including, but not limited to,
extensions, components, or dynamic link libraries (DLLs);

d. Redistribute License Codes;

e. Reverse engineer, decompile, or disassemble Products;

f. Make any attempt to circumvent the technological measure(s) that controls access to or use of
Products;

g. Upload or transmit content or otherwise use Products in violation of third-party rights,
including intellectual property rights, privacy rights, nondiscrimination laws, or any other
applicable law or government regulation;

h. Remove or obscure any AgriLife (or its licensors’) patent, copyright, trademark, proprietary
rights notices, and/or legends contained in or affixed to any Product, Product output,
metadata file, or online and/or hard-copy attribution page of Documentation delivered
hereunder;

i. Unbundle individual or component parts of a Product for independent use;

j. Incorporate any portion of the Software into a product or service that competes with the
Software;

k. Publish the results of benchmark tests run on Beta without the prior written permission of
AgriLife and its licensors;

l. Use, incorporate, modify, distribute, provide access to, or combine any computer code
provided with the Software in a manner that would subject such code or any part of the
Software to open source license terms, which includes any license terms that require
computer code to be (i) disclosed in source code form to third parties, (ii) licensed to third
parties for the purpose of making derivative works, or (iii) redistributable to third parties at
no charge;

m. Use Products for spamming, to transmit junk e-mail or offensive or defamatory materials, or
for stalking or making threats of physical harm;

n. Use Products to transmit software viruses, worms, time bombs, Trojan horses, or any other
computer code, files, or programs designed to interrupt, destroy, or limit the functionality of
any computer software, hardware, or telecommunications equipment; or

o. Use any Product names or trademarks or the fact of the Product for any publicity, marketing
or other activities except with the prior written consent of AgriLife.

ARTICLE 5-TERM AND TERMINATION

This License Agreement is effective upon acceptance. For Term Licenses, this License Agreement
terminates at the end of the term of the license. You may terminate this License Agreement or any
Product license at any time upon written notice to AgriLife. Either party may terminate this License
Agreement or any license for a material breach that is not cured within ten (10) days of written notice to
the breaching party, except that termination is immediate for a material breach that is impossible to cure.
Upon termination of the License Agreement, all licenses granted hereunder terminate as well. Upon
termination of a license or the License Agreement, You will (i) stop accessing and using affected
Product(s); and (ii) uninstall, remove, and destroy all copies of affected Product(s) in Your possession or
control, including any modified or merged portions thereof, in any form, and execute and deliver evidence
of such actions to AgriLife or its authorized distributor.

ARTICLE 6- DISCLAIMERS AND REMEDY

6.1 Representations. Except as otherwise provided in this Article 6, AgriLife represents that, for a
period of sixty (60) days from the date AgriLife issues the License Code enabling use of Software and
Online Applications, the unmodified Software and Online Applications will substantially conform to the
published Documentation under normal use and service.

6.2 Caution and Disclaimer. The Product uses formulas and default settings that are intended to serve
only as a starting point for further analysis. The impacts displayed are not necessarily correct and they
may not pertain to or describe local conditions. In some places, references and their publication dates are
provided for the default values and/or formulas used. While these references are believed to be reliable,
they are provided only for Your convenience and may or may not be correct. Any decisions You make
should be based on Your own research and Your own analysis and not on the results automatically
generated by the Product. Because software is inherently complex and may not be completely free of
errors, You are advised to verify and back up Your work.

6.3 Special Disclaimer. PATCHES, UPGRADES, AND EVALUATION AND BETA SOFTWARE
ARE DELIVERED “AS IS” WITHOUT WARRANTY OF ANY KIND.

6.4 Internet Disclaimer. THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE
INTERNET IS A NETWORK OF PRIVATE AND PUBLIC NETWORKS AND THAT (i) THE
INTERNET IS NOT A SECURE INFRASTRUCTURE, (ii) THE PARTIES HAVE NO CONTROL
OVER THE INTERNET, AND (iii) NONE OF THE PARTIES SHALL BE LIABLE FOR DAMAGES
UNDER ANY THEORY OF LAW RELATED TO THE PERFORMANCE OR DISCONTINUANCE
OF OPERATION OF ANY PORTION OF THE INTERNET OR POSSIBLE REGULATION OF THE
INTERNET THAT MIGHT RESTRICT OR PROHIBIT THE OPERATION OF ONLINE
APPLICATIONS.

6.5 General Disclaimer. AGRILIFE DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
SYSTEM INTEGRATION, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
AGRILIFE DOES NOT WARRANT THAT PRODUCTS WILL MEET YOUR NEEDS; THAT THERE
WILL BE COMPATIBILITY BETWEEN PRODUCTS AND ANY PAST OR FUTURE VERSIONS OF
PRODUCTS; THAT YOUR OPERATION OF THE SAME WILL BE UNINTERRUPTED, ERROR
FREE, FAULT-TOLERANT, OR FAIL-SAFE; OR THAT ALL NONCONFORMITIES CAN OR WILL
BE CORRECTED. PRODUCTS ARE NOT DESIGNED, MANUFACTURED, OR INTENDED FOR
USE IN ENVIRONMENTS OR APPLICATIONS THAT MAY LEAD TO DEATH, PERSONAL
INJURY, OR PHYSICAL PROPERTY/ENVIRONMENTAL DAMAGE. ANY SUCH USE SHALL BE
AT YOUR OWN RISK AND COST. IN ADDITION, SYSTEM DOES NOT ASSUME ANY
OBLIGATIONS REGARDING INFRINGEMENT OF PATENT RIGHTS OR OTHER RIGHTS OF
THIRD PARTIES DUE TO YOUR ACTIVITIES UNDER THIS AGREEMENT.

6.6 Exclusive Remedy. To the extent authorized under the Constitution and the laws of the state of
Texas, Your exclusive remedy and AgriLife’s entire liability for breach of the representations set forth in
this Article 6 shall be limited, at AgriLife’s sole discretion, to (i) repair, correction, or a workaround for
Software or Online Applications subject to the AgriLife Technical Support and Maintenance (see
paragraph 3.7) or Your authorized distributor’s maintenance program, as applicable; or (ii) return of the
license fees paid by You for Software or Online Applications that do not meet AgriLife’s representations,
provided that You uninstall, remove, and destroy all copies of the Software or Documentation, cease
using the Online Applications, and execute and deliver evidence of such actions to AgriLife or its
authorized distributor. The representations are void if failure of the Product has resulted from accident,
alteration, modification, foreign attachments, misuse, tampering, negligence, improper maintenance,
abuse or misapplication. Outside of the United States, neither of these remedies nor any product Support
Services offered by AgriLife are available without first contacting AgriLife.

ARTICLE 7-LIMITATION OF LIABILITY

7.1 Disclaimer of Certain Types of Liability. AGRILIFE, ITS AUTHORIZED DISTRIBUTOR, AND
ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR COSTS OF PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES; LOST PROFITS, LOST SALES, OR BUSINESS
EXPENDITURES; INVESTMENTS; BUSINESS COMMITMENTS; LOSS OF ANY GOODWILL; OR
ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF
OR RELATED TO THIS LICENSE AGREEMENT OR USE OF PRODUCTS, HOWEVER CAUSED
ON ANY THEORY OF LIABILITY, WHETHER OR NOT AGRILIFE OR ITS LICENSORS HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL
APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED
REMEDY.

7.2 General Limitation of Liability.
TO THE EXTENT AUTHORIZED UNDER THE
CONSTITUTION AND THE LAWS OF THE STATE OF TEXAS, THE TOTAL CUMULATIVE
LIABILITY OF AGRILIFE AND ITS AUTHORIZED DISTRIBUTOR HEREUNDER, FROM ALL
CAUSES OF ACTION OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT
(INCLUDING
NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY,
MISREPRESENTATION, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNTS PAID BY
YOU FOR THE PRODUCTS THAT GIVE RISE TO THE CAUSE OF ACTION.

7.3 Applicability of Disclaimers and Limitations. You agree that the limitations of liability and
disclaimers set forth in this License Agreement will apply regardless of whether You have accepted
Products or any other product or service delivered by AgriLife. The parties agree that AgriLife has set its
fees and entered into this License Agreement in reliance on the disclaimers and limitations set forth
herein, that the same reflect an allocation of risk between the parties, and that the same form an essential
basis
of the bargain between the parties. THESE LIMITATIONS SHALL APPLY
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
THE FOREGOING WARRANTIES, LIMITATIONS, AND EXCLUSIONS MAY NOT BE VALID IN
SOME JURISDICTIONS AND APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE
LAW IN YOUR JURISDICTION. YOU MAY HAVE ADDITIONAL RIGHTS UNDER LAW THAT
MAY NOT BE WAIVED OR DISCLAIMED. AGRILIFE DOES NOT SEEK TO LIMIT YOUR
WARRANTY OR REMEDIES TO ANY EXTENT NOT PERMITTED BY LAW.

ARTICLE 8-INDEMNITY

The Product is intended for Use as specified in this Agreement and in accordance with the documentation
accompanying the Product. SYSTEM is an agency of the State of Texas and nothing in this Agreement
waives or relinquishes the right of SYSTEM (and its members) any exemptions, privileges, and
immunities as may be provided by law. To the extent permitted by Texas law, You agree to hold
harmless, indemnify, and defend SYSTEM, its officers, directors, and employees, from and against any
losses, damages, fines, and expenses (including reasonable attorneys’ fees and costs) arising out of or
relating to any claims (i) that You have encoded, compressed, copied, or transmitted any materials (other
than the materials provided by AgriLife) in connection with the Product in violation of another party’s
rights or in violation of any law, or (ii) that You have misused, allowed to be misused or modified the
Product in any manner. If You are transporting the Product across the United States borders, You shall
indemnify and hold SYSTEM (and its members) harmless from and against any duties, taxes, penalties,
fines or other claims arising from such conduct.

ARTICLE 9-GENERAL PROVISIONS

9.1 Future Updates. AgriLife may introduce new products or platforms that replace or differ from
existing Products. New or updated Products and subscription renewals will be licensed under the then
current AgriLife license terms and conditions included with the deliverable Products and found at
http://www.communityviz.com.

9.2. No Automatic Entitlement to New Products. The introduction of new or replacement Products
does not create any automatic right for You to receive such Products, regardless of any prior Perpetual
License or maintenance status. Access to new Products must be separately licensed unless expressly
included by AgriLife in writing. Unless specifically permitted by AgriLife, existing licenses will continue
to be governed by the terms under which they were originally granted. Such licenses do not automatically
entitle You to access, use, or upgrade to new or restructured Products, including CViz Pro, unless
explicitly provided in an Ordering Document or written agreement.

9.3 Export Control Regulations. You expressly acknowledge and agree that You are not on the US
Treasury Department’s list of Specially Designated Nationals or on the US Commerce Department’s
Denied Persons List, Entity List, or Unverified List, and You shall not export, re-export, import, transfer,
or release Products, in whole or in part, to (i) any US embargoed country; (ii) any person on the US
Treasury Department’s list of Specially Designated Nationals; (iii) any person or entity on the US
Commerce Department’s Denied Persons List, Entity List, or Unverified List; or (iv) any person or entity
or into any country where such export, re-export, or import violates any US, local, or other applicable
import/export control laws or regulations including, but not limited to, the terms of any import/export
license or license exemption and any amendments and supplemental additions to those import/export laws
as they may occur from time to time. You are responsible for obtaining any and all required governmental
authorizations, including, without limitation, any export or import licenses and foreign exchange permits.
AgriLife shall not be liable if any authorization is delayed, denied, revoked, restricted or not renewed and
You shall bear all such risks and costs caused thereby.

9.4 Taxes and Fees, Shipping Charges. License fees quoted to You are exclusive of any and all taxes or
fees, including, but not limited to, sales tax, use tax, value-added tax (VAT), customs, duties, or tariffs,
and shipping and handling charges. You shall be responsible for payment of all taxes, fees, assessments or
levies on the Product, or arising out of or imposed by reason of this License Agreement or the license
granted hereunder, except for any tax based on AgriLife’s annual net income.

9.5 No Implied Waivers. The failure of either party to enforce any provision of this License Agreement
shall not be deemed a waiver of the provisions or of the right of such party thereafter to enforce that or
any other provision. Except for breach of AgriLife’s proprietary rights in the Products, no action,
regardless of form, arising out of this License Agreement may be brought by either party more than two
(2) years after the cause of action has accrued.

9.6 Severability. The parties agree that if any provision of this License Agreement is held to be
unenforceable for any reason, such provision shall be reformed only to the extent necessary to make the
intent of the language enforceable.

9.7 Successor and Assigns. You shall not assign, sublicense, or transfer Your rights or delegate Your
obligations under this License Agreement without AgriLife’s prior written consent, and any attempt to do
so without consent shall be void. AgriLife may assign this License Agreement in its discretion, without
notice. This License Agreement shall be binding on the respective successors and assigns of the parties to
this License Agreement. Notwithstanding, a government contractor under contract to the government to
deliver Products may assign this License Agreement and Products acquired for delivery to its government
customer upon written notice to AgriLife, provided the government customer assents to the terms of this
License Agreement.

9.8 Survival of Terms. The provisions of Articles 2, 5, 6, 7, 8, and 9 of this License Agreement shall
survive the expiration or termination of this License Agreement.

9.9 Equitable Relief. You agree that any breach of this License Agreement by You may cause
irreparable damage and that, in the event of such breach, in addition to any and all remedies at law,
AgriLife shall have the right to seek an injunction, specific performance, or other equitable relief in any
court of competent jurisdiction without the requirement of posting a bond or proving injury as a condition
for relief.

9.10 US Government Licensee. The Products are commercial items, developed at private expense,
provided to You under this License Agreement. If You are a US government entity or US government
contractor, AgriLife licenses Products to You in accordance with this License Agreement under FAR
Subparts 12.211/12.212 or DFARS Subpart 227.7202. AgriLife Online Applications are licensed under
the same subpart 227.7202 policy as commercial computer software for acquisitions made under DFARS.
The commercial license rights in this License Agreement strictly govern Your use, reproduction, or
disclosure of Products. AgriLife Software source code is unpublished, and all rights to Products are
reserved by AgriLife and its licensors. You may transfer Software to any licensed government procuring
agency facility to which computer(s) on which Software is installed are transferred. If any court,
arbitrator, or board holds that You have greater rights to any portion of Products under applicable public
procurement law, such rights shall extend only to the portions affected.

9.11 Governing Law, Arbitration.
a. Licensees in the United States of America, Its Territories, and Outlying Areas. This License
Agreement shall be governed by and construed in accordance with the laws of the State of Texas
without regard to its principles governing conflicts of law, except that US federal law shall govern in
matters of intellectual property. Except as provided in Article 9.8, any dispute arising out of or
relating to this License Agreement or the breach thereof that cannot be settled through negotiation
shall be finally settled by arbitration administered by the American Arbitration Association under its
Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator may be entered in a
court of competent jurisdiction. If You are a US government agency, this License Agreement is
subject to the Contract Disputes Act of 1978, as amended (41 USC 601-613), in lieu of the arbitration
provisions of this clause. This License Agreement shall not be governed by the United Nations
Convention on Contracts for the International Sale of Goods, the application of which is expressly
excluded.

b. All Other Licensees. Except as provided in Article 9.8, any dispute arising out of or relating to this
License Agreement or the breach thereof that cannot be settled through negotiation shall be finally
settled under the Rules of Arbitration of the International Chamber of Commerce by one (1) arbitrator
appointed in accordance with said rules. The language of the arbitration shall be English. The place of
the arbitration shall be at an agreed-upon location. This License Agreement shall not be governed by
the United Nations Convention on Contracts for the International Sale of Goods, the application of
which is expressly excluded. Either party shall, at the request of the other, make available documents
or witnesses relevant to the major aspects of the dispute.

9.12 Maintenance. Maintenance for qualifying Products consists of updates and other benefits, such as
access to technical support, specified in AgriLife’s or its distributor’s current applicable maintenance
policy. AgriLife maintains distinct technical support models for Legacy Products and current Products:

a. Legacy Product Support Model. For Legacy Products, technical support is available through the
purchase of a “Support Renewal License.” Such support, where still offered, is limited in scope and
applies only to installation and license activation, as described above.

b. Current Product Support Model. For current Products, technical support and software maintenance are
provided through a time-based Technical Support Maintenance subscription (“Technical Support
Subscription”), which must be purchased and maintained on an active basis.

These support models are not interchangeable, and eligibility for one does not grant eligibility for the
other.

9.13 Product Modifications and License Transitions. AgriLife may, at its sole discretion, modify,
replace, repackage, relicense, or discontinue any Product at any time, including changes to Product
features, platform compatibility, licensing structure, or delivery model (“Product Changes”).

9.14 Legacy Products. AgriLife may designate certain Products as a Legacy Products. AgriLife reserves
the right to provide a separate notice of Products being added to or designated as Legacy Products.
AgriLife will not provide Maintenance, support or development for Legacy Products. Legacy Products
are not supported and will not receive fixes, patches, updates, or further development. For Legacy
Products, AgriLife may, at its own discretion, provide limited technical assistance solely for installation
and license activation, and only where You maintain an active Support Renewal License. No other
support or maintenance services are provided for Legacy Products.

9.15 Changes to Licensing Structures. AgriLife reserves the right to modify licensing models,
including transitioning from perpetual licenses to subscription, seat-based, activation-based, or other
usage-based models.

9.16 Third-Party Support. AgriLife has no obligation to maintain compatibility with third-party
products nor to provide updates required to sustain such compatibility. The inability to use Product due to
changes in third-party platforms or the discontinuation of supporting technologies does not entitle You to
any refund, replacement product, or continued support.

9.17 Feedback. AgriLife may freely use any feedback, suggestions, or requests for Product
improvements that You provide to AgriLife.

9.18 Patents. You may not seek, and may not permit any other user to seek, a patent or similar right
worldwide that is based on or incorporates any AgriLife technology or services. This express prohibition
on patenting shall not apply to Your software and technology except to the extent that AgriLife
technology or services, or any portion thereof, are a part of any claim or preferred embodiment in a patent
application or a similar application.

9.19 Headings. The headings used in this License Agreement are intended for convenience only and
shall not be deemed to supersede or modify any provisions.

9.20 Entire Agreement. This License Agreement, including its incorporated documents, constitutes the
sole and entire agreement of the parties as to the subject matter set forth herein and supersedes any
previous license agreements, understandings, and arrangements between the parties relating to such
subject matter. Additional or conflicting terms set forth in any purchase orders, invoices, or other standard
form documents exchanged during the ordering process, other than product descriptions, quantities,
pricing, and delivery instructions, are void and of no effect. Any modification(s) or amendment(s) to this
License Agreement must be in writing and signed by each party.

 

Download 2026 EULA

Download 2026 EULA Change Statement

Last updated 06/2026

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