Biopharm AG Software End User License Agreement (“EULA”)

July 2025

THE RIGHTS TO THIS SOFTWARE ARE GRANTED ONLY ON THE CONDITION THAT YOU AGREE TO ALL THE TERMS OF THIS EULA.

NOT FOR GENERAL CONSUMER USE. THIS SOFTWARE IS SOLELY AVAILABLE FOR USE WITH R-BIOPHARM AG PRODUCTS BY PROFESSIONAL USERS THAT HAVE THE APPROPRIATE TRAINING AND EXPERIENCE IN DEALING WITH MEDICAL, CLINICAL, OR FOOD DIAGNOSTICS. BY INSTALLING, COPYING OR OTHERWISE USING THIS SOFTWARE, YOU AS AN END USER AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS EULA, YOU MAY NOT USE THIS SOFTWARE AND MUST NOT INSTALL THIS SOFTWARE AND (IF RECEIVED) RETURN THE MEDIA AND RELATED ACCOMPANYING MATERIALS (INCLUDING PRINTED MATERIALS) IMMEDIATELY. LICENSE FEES, IF ANY, WILL THEN BE REFUNDED. IF THIS SOFTWARE WAS ALREADY INSTALLED BY YOU, IT MUST BE REMOVED.
THIS CONTRACT MAY BE AMENDED FROM TIME TO TIME BY R-BIOPHARM AG. AN UP-TO-DATE VERSION IS ALWAYS AVAILABLE FOR VIEWING AND PRINTING under (r-biopharm.com/gtc). A COPY IS AVAILABLE UPON REQUEST

1. Subject Matter

1.1 The subject of this EULA is the revocable, non-exclusive, non-transferable grant of certain software usage rights subject to the conditions that follow. It is a legally binding agreement between the user (natural persons as well as legal entities) of this software (“End User”) and R-Biopharm AG (“RBAG”), or if the End User acquires this Software from an authorized reseller of RBAG, its reseller (together or individually “Licensor”).

1.2 This Software, all additional programs, symbols or logos, written documents, and documentation are protected by law. The copyright, patent rights, trademark rights and all other performance and industrial property rights to this Software as well as to other above-mentioned items that the licensor makes available to the end user pursuant to this Agreement are exclusively owned by RBAG. If rights belong to third parties, the Licensor has corresponding rights of exploitation.

1.3 Express reference is made to the provisions of the RBAG General Terms and Conditions (GTC), which are incorporated into this contract and are an integral part of the contract.

1.4 This Agreement does not transfer any ownership rights. All rights not expressly granted are reserved.

1.5 Parts of this software may have been released by third parties under a public or open-source license (“Freeware”) and are the property of such third parties. Such parts, notwithstanding the terms of this EULA, are subject exclusively to the license terms of the Freeware attached to such Freeware.

1.6 The availability of software support services for technical support varies depending on this Software, application and type of business relationship and is therefore not necessarily included in this Software delivery. Separate support services agreements are available upon request.

2. Cloud Storage and Data Protection

2.1 By using this Software, you acknowledge and agree that:

2.1.1 The data stored by this Software may be stored on cloud services; and

2.1.2 We may use and process this stored data to improve the functionality and performance of this Software, to analyze user behavior and to troubleshoot problems. The data collected through this Software may be used to analyze trends, track user behavior, and improve the functionality of this Software. This may include making changes, improvements, and updates to this Software based on insights from user data. With the exception of personal data that can identify a specific person or exact location, we retain access to cloud data even after deleting a user account.

2.2 We are committed to protecting your privacy and treating your data responsibly. All personal data collected will be processed in accordance with our Privacy Policy (r-biopharm.com/data-privacy-statement), which describes how your data will be used, stored and protected. By agreeing to this EULA, you also consent to the data practices described in the Privacy Policy. If you do not consent to the storage, collection and use of your data, you should not use this Software.

2.2.1 You have the option to delete your personal data by deleting your user account.

3. Rights of use

3.1 This Software is designed for users with training and experience in dealing with medical, clinical, or food diagnostics. The End User therefore undertakes to use this Software only by appropriately qualified personnel.

3.2 This Software is only intended for hardware that has been tested and approved by RBAG. The mere ability to install on certain operating systems does not allow any conclusion as to compatibility or proper functioning of this Software with specific hardware. Use with hardware that has not been approved by RBAG is at your own risk and without any warranty.

3.2.1 Information as to hardware compatibility can be found in the Software user manual or by contacting RBAG (r-biopharm.com/contact). Information for the RIDA®SMART APP can be found here: RIDA®SMART APP Mycotoxin – Food & Feed Analysis.

3.3 Software use may require the end user to complete a product registration process and enter a license key, as well as an internet connection for license verification.

3.4 The End User must ensure a license for each device on which this Software is used and for each Software user by means of the appropriate individual or collective licenses.

3.5 End Users may copy this Software and Documentation to the extent necessary for the installation and operation and consistent with the number of individual licenses, as well as for necessary backup and archival purposes.

3.6 This Software is licensed only as a unified product. A Licensee or user may not separate any components.

3.7 The End user is solely responsible for securing the working environment and data used or created by means of industry-standard backup, data protection and virus protection.

3.8 This Software may only be used in accordance with the product description and for the purposes for which it was developed. The following is prohibited without the express written consent of RBAG:

3.8.1 Distribution, offering or otherwise making available this Software or Access Credentials available to third parties or users who are not an Authorized User (employees or contractors of the End User who use this Software with the knowledge and on behalf of the End User in a manner permitted by this EULA), even free of charge;

3.8.1.1 Authorized Users must identify themselves via separate logins. Their login data is stored. Logins cannot be transferred without the prior consent of RBAG. The End User is responsible for ensuring that only Authorized Users have access to login credentials.

3.8.2 Any transfer of sublicenses, or transfer or documentation, or publication thereof, including to End User’s affiliates.

3.8.3 Use of this Software in contravention of this EULA or its user manuals;

3.8.4 Modification, translation, or creation of derivative works, reverse engineering, decompilation, or any other attempts to derive the source code from this Software, except if and to the extent applicable law expressly permits such actions, and does not allow for contractual waivers of such permissions;

3.8.5 Removing any copyright or other proprietary notices on or to copies of this Software or Documentation;

3.8.6 Violating or circumventing technological software security,

3.8.7 Creating other software, products, or technologies through use of this Software;

3.8.8 Using this Software in in a manner where its failure could directly result in death, personal injury, serious bodily harm or property damage; or

3.8.9 Using this Software in a manner that directly or indirectly violates applicable law or that is contrary to RBAG’s published Code of Conduct (r-biopharm.com/compliance-Coc).

3.9 This Software may allow the End User to change default settings under certain conditions. When sharing findings based upon changed setting, the end user undertakes to inform third parties that such findings are based on end user adjustments.

3.9.1 During the term of this EULA and for up to two years after its expiration or termination, End User must maintain sufficiently accurate Software usage records and documentation to demonstrate compliance with this EULA. During this period, RBAG, the Licensor or its appointed auditors may require the End User to confirm in writing that the use of this Software complies with this EULA, may audit Software use in order to confirm compliance, or do both.

3.9.2 The End User agrees to indemnify and defend RBAG as well as its Licensor from all claims by third parties, including reasonable attorneys’ fees, arising out of or resulting from changes to the default settings of this Software or due to the use of this Software in violation of the Agreement.

4. Warranty and liability

4.1 Product descriptions and test program descriptions are mere service descriptions and not guarantees or warranties. Any express warranty or guarantee requires an express written and signed affirmation through RBAG.

4.2 Licensor’s replacement warranty for Software quality or title defects existing at the time of delivery is limited to twelve months from delivery. ALL OTHER OR FURTHER WARRANTIES OR GUARANTIES, EXPRESS OR IMPLIED, ARE EXCLUDED.

4.2.1 Defects in this Software will be remedied by the Licensor pursuant to applicable statutory law and at Licensor’s sole discretion through repair or substitute delivery. Licensor may attempt to rectify not less than twice.

4.2.2 Defects must be reported within ten working days of discovery. As far as possible, information must be provided and backed up to enable the reproduction of the error. The end user bears the costs of notices of defects that

a.) are not ascertainable or comprehensible,

b.) resulting from the use of third-party maintenance personnel or programmers, or

c.) is due to the failure or errors of third-party software or hardware.

4.3 Neither RBAG nor its licensor is liable for:

4.3.1 Data loss that is preventable through industry-standard security precautions.

4.3.1.1 Licensor liability is limited to the cost of recovery from End User’s last available backup to the extent applicable law precludes liability exclusions for data loss.

4.3.2 Claims resulting or connected to changes to Software default settings through users or third parties.

4.3.3 Claims arising from failure or error of software, third-party hardware or use of this Software on hardware device types that have not been tested and approved by Licensor,

4.3.4 Consequences of any other acts or omissions within the control of the Software End User.

4.4 Otherwise, RBAG or the Licensor are liable only for malice, intentional or grossly negligent breach of duty, injury to life, limb or health, breach of material contractual obligations (duties that are essential for the achievement of the contract purpose and which may be reasonably relied upon by the other contracting party), the assumption of express quality or performance success guarantees, or the assumption of procurement risks, as well as in case of strict liability, in particular under product liability law. Liability for slight negligence is limited to foreseeable damages typical of the contract. The above liability provisions are equally applicable to liability of legal representatives, employees and vicarious agents of RBAG or the Licensor.

5. Software Updates

5.1 Licensor may, in its sole discretion, provide Software updates or upgrades and reserves the right to deliver upgrades on a fee basis. This EULA applies to any such updates or upgrades.

5.2 End User may refuse updates, but Licensor is then no longer obligated to support the previous version and any warranties for defects remedied or preventable through such updates will be void.

5.3 It may be necessary from time to time to update third party software or operating systems to assure Software functionality.

5.4 Licensor reserves the right to collect use-statistics and retrieve them remotely for software improvement or defect corrections, or error reporting.

6. Term, Termination, Deletion

6.1 This license is for an indefinite period of time and may be terminated by the Licensor at any time if the End User violates this EULA.

6.2 A revocation of this EULA will be considered a contract termination.

6.3 The right of both parties to terminate for good cause remains unaffected.

6.4 Upon termination, all use rights pursuant to this EULA will terminate. This Software, copies and all documentation must be returned or destroyed in a manner that is verifiable.

6.5 The record-keeping, auditing, confidentiality, and liability provisions of this EULA, and any other provisions of this EULA that by their nature and context should survive, shall survive termination.

6.6 Deletion of a user account is considered an immediate termination and deletes all personal identity data but has no effect on other data stored in the cloud. Licensor reserves the right to continue to use such cloud data even after deletion of the user account in order to improve the overall functionality and performance of this Software, to analyze general user behavior and to remedy software problems.

7. Other

7.1 A transfer of rights and obligations of End Users under this Agreement requires the express written consent of RBAG.

7.2 There are no oral ancillary agreements. Verbal agreements as well as contract amendments or additions require written confirmation by both parties in order to be legally effective. This equally applies to the waiver of the written form requirement itself.

7.3 If a dispute arises related to this contract, the parties will endeavor to reach an amicable settlement. If an amicable settlement cannot be reached, the exclusive place of jurisdiction is Darmstadt. The law of the Federal Republic of Germany applies to all disputes arising out of or in connection with this EULAt, to the exclusion of both the UN Convention on Contracts for the International Sale of Goods and conflict of law provisions.

7.4 If one or more provisions of this EULA are or will become invalid in whole or in part, the validity of the contract shall remain unaffected, unless the invalid provision was material for a contracting party at the time entering into the contract so that such party cannot reasonably be expected to adhere to the agreement. In all other cases, the contracting parties will replace the invalid provisions with such valid provisions that come as close as possible to the economic intention of the invalid provisions.

7.5 The English version of these EULA is provided for convenience only. The German version governs interpretation.