End User License Agreement — Tracked Changes

This document shows all changes required to update the EULA from X Shore Americas, Inc. to Fortivo Operations AB (trading as X Shore). Red = deleted. Green = inserted.

SUMMARY OF CHANGES: (1) Company name: X Shore Americas, Inc. → Fortivo Operations AB (trading as X Shore). (2) Governing law: Delaware → Sweden. (3) Jurisdiction: Dade County, Florida → Stockholm District Court. (4) Section 13 arbitration clause: replaced with good faith negotiation + Stockholm District Court. (5) Support hours: Eastern Standard Time → Central European Time (CET). (6) Liability cap: US $100.00 → SEK 1,000. (7) Section 5 privacy: added GDPR reference. (8) Section 17 added: Fortivo Operations AB company details.

This X Shore Americas, Inc. Fortivo Operations AB (trading as “X Shore”) End User License Agreement (this “EULA”) is a binding agreement between the purchaser of the X Shore Boat (the “Buyer” or “you”) and X Shore and may be incorporated by reference from the Buyer’s Boat Purchase Agreement (defined below). Buyer has purchased an X Shore boat (the “Boat”) from X Shore or an authorized dealer in accordance with a purchase agreement or the applicable authorized dealer ordering document (the “Boat Purchase Agreement”). X Shore’s software is installed on the Boat for the purpose of monitoring, providing access to, providing services to, and delivering other functions to the Boat (the “Software”) and this EULA governs the use of such Software.

X SHORE PROVIDES THE SOFTWARE SOLELY ON THE TERMS AND CONDITIONS SET FORTH IN THIS EULA AND ON THE CONDITION THAT BUYER ACCEPTS AND COMPLIES WITH THIS EULA. BUYER REPRESENTS AND WARRANTS THAT (I) BUYER IS OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (II) IF BUYER IS A LEGAL ENTITY, BUYER HAS THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS EULA ON BEHALF OF SUCH LEGAL ENTITY AND BIND SUCH LEGAL ENTITY TO THIS EULA. IF BUYER DOES NOT AGREE TO THIS EULA, BUYER WILL NOT AND DOES NOT LICENSE THE SOFTWARE TO BUYER AND BUYER MUST NOT ACCESS OR USE THE SOFTWARE.

1. Account Registration

In order to use many of X Shore’s boats (also referred to as “vessels”), related products, spare parts, and all documentation related thereto (collectively, the “Products”) and any related services (the “Services”), Buyer is required to create and maintain a personal account with X Shore (an “Account”). Account creation requires Buyer to submit certain personal information at https://xshore.com/ (the “Site”) in accordance with the Boat Purchase Agreement and the policy governing the processing of all personal data collected from you in connection with your purchase of Products or Services through the Site (the “X Shore Privacy Policy”). Buyer agrees to maintain complete, accurate, and up-to-date information in its Account. Buyer is responsible for all activity or transactions that occur under Buyer’s Account, and Buyer agrees to maintain the security and confidentiality of the Account username and password at all times. Buyer agrees not to provide or use the Account username or password with other, non-X Shore approved applications, websites, or software.

2. General License

By receiving and/or using the Software, Buyer agrees that this EULA is a legally binding and valid contract, and Buyer agrees to be bound by this EULA. Buyer agrees to abide by the intellectual property laws and all terms and conditions of this EULA. Subject to and conditional upon Buyer’s strict compliance with this EULA and any other written agreement between the Buyer and X Shore, X Shore grants Buyer a limited, non-exclusive, perpetual, transferable (subject to Section 2(c) below), non-sublicensable, and worldwide license to use the Software in accordance with this EULA (the “License”), solely in object code form and only in connection with the use of the Boat. X Shore does not transfer the title of the Software to you; the License granted to you is not a sale.

3. Use of the Software

Buyer’s license to use the Software is limited to use on the Boat purchased by Buyer from X Shore or an X Shore authorized reseller. The Software is integrated into the multifunction display and the electronic control unit located on the Boat. Buyer may not: (i) use the Software unlawfully; (ii) circumvent usage limits; (iii) distribute or transfer the Software; (iv) reverse engineer or decompile; (v) breach security systems; (vi) damage or overload the Software; or (vii) access non-public information in the Software.

4. Fees

The Software and related connectivity fees are included with the purchase of a Boat for 1 year after sale to the first retail Buyer; thereafter, X Shore reserves the right to charge Buyer a license fee and/or connectivity fees with advance notice.

5. Access to the Software and Boat

By accepting this EULA, Buyer accepts that X Shore may access and monitor the Boat and Software at any time, including over-the-air (OTA) updates.

Any personal data processed by X Shore in connection with this EULA shall be subject to the X Shore Privacy Policy. and applicable data protection legislation, including the General Data Protection Regulation (GDPR) where applicable.

6. Maintenance and Support

X Shore may provide assistance to correct errors, Upgrades, and advice on Software usage.

X Shore will provide maintenance and support services during X Shore’s regular business hours from 9 AM to 5 PM Eastern Standard Time Central European Time (CET), weekends and X Shore holidays excepted.

7. Error Correction

X Shore will work to correct Errors within a reasonable timeframe. Buyer must notify X Shore of any Error in writing within sixty (60) days of becoming aware of it.

8. Disclaimer of Warranty

BUYER ACKNOWLEDGES THAT THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE." ALL WARRANTIES ARE DISCLAIMED AND EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN NO EVENT WILL SELLER’S LIABILITY FOR ANY CLAIM EXCEED THE GREATER OF (A) AMOUNTS PAID BY BUYER TO LICENSE THE SOFTWARE IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, OR (B) US $100.00 SEK 1,000.

10. Reservation of Rights

X Shore reserves all rights not expressly granted to Buyer in this EULA.

11. Intellectual Property Rights

X Shore is the sole and exclusive owner of the Software and all intellectual property rights therein. No intellectual property rights shall transfer to the Buyer or any third party.

12. Governing Law and Jurisdiction

This EULA and all matters arising out of or relating to it are governed by and construed in accordance with the internal laws of the State of Delawarelaws of Sweden, without giving effect to any choice or conflict of law provision.

The parties submit to the exclusive jurisdiction of the State and Federal courts of Dade County, Floridathe Stockholm District Court (Stockholms tingsrätt) in connection with any proceeding or dispute arising in connection with this EULA.

13. Dispute Resolution

[SECTION REPLACED] Old Section 13 contained binding arbitration under AAA (American Arbitration Association), Miami. This is replaced in its entirety as follows:

Any dispute, controversy, or claim arising out of or in connection with this EULA, or the breach, termination, or invalidity thereof, shall first be attempted to be resolved through good faith negotiations between the parties. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may refer the matter to the Stockholm District Court in accordance with Section 12 above.

14. Amendment; Modification; Waiver

No amendment or modification to this EULA is effective unless it is in writing and signed by both parties.

15. Suspension

X Shore may suspend Buyer’s use of the Software at any time if X Shore reasonably believes that any event has occurred that would justify termination of this EULA.

16. Termination

The term of this EULA will begin with Buyer’s receipt of the Boat and will terminate upon: Buyer discontinuing use or selling the Boat; X Shore lawfully terminating this EULA; Buyer failing to comply with the terms herein; or Buyer declining to pay fees. Financial obligations survive termination.

[NEW SECTION ADDED]

17. Company Details

Fortivo Operations AB (trading as X Shore)

Organisation number: 559572-1076

Registered address: Flättnaleden 6, 611 45 Nyköping, Sweden

Support: support@xshore.com

Website: www.xshore.com