# SUPERLUMINAL COMMAND-LINE TOOL LICENSE AGREEMENT

**Version 1.1, effective as of June 26, 2026**

PLEASE READ THIS SUPERLUMINAL COMMAND-LINE TOOL LICENSE AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE (DEFINED BELOW).

BY CLICKING, DOWNLOADING, INSTALLING, COPYING AND/OR USING IN ANY OTHER WAY, ANY PART OF THIS SOFTWARE, YOU (DEFINED BELOW) ARE AGREEING ON YOUR OWN BEHALF AND/OR ON BEHALF OF YOUR COMPANY OR ORGANIZATION TO THE TERMS OF THIS AGREEMENT STATED BELOW. THEREFORE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT OR CANNOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU CANNOT USE THIS SOFTWARE. DO NOT DOWNLOAD, INSTALL OR USE THIS SOFTWARE IN THAT CASE.

#### 1\. DEFINITIONS

1.1 "**Agreement**" means this Superluminal Command-Line Tool License Agreement.

1.2 "**Documentation**" means any accompanying written materials, specifications or documentation provided by Superluminal related to the Software.

1.3 "**Intellectual Property Rights**" means all patents, copyrights, design rights, trademarks and trade names, service marks, trade secrets, know-how, database rights and other rights in the nature of intellectual property rights (whether registered or unregistered) and all applications for the same, anywhere in the world;

1.4 "**License**" means any license granted by Superluminal under Section 2 of this Agreement, including any license relating to Free Features and Licensed Features.  
means the license as set out in Section 2.1 of this Agreement.

1.5 "**Licensee**" means either an individual or entity exercising rights under and complying with the terms of this Agreement. Licensee may also be referred to as You in this Agreement.

1.6 "**Private Package**" means a version of the Software that contains plugins to support console platforms of third parties with proprietary information.

1.7 "**Software**" means the software identified as Superluminal Command-Line Tool, including both its Free Features and Licensed Features, encompassing its machine-readable executable code form and copies made of it, interfaces, any extensions, modules, content, data, Documentation and any replacement or change and/or any Updates provided under this Agreement by Superluminal.

1.8 "**Superluminal**" means Presence B.V., doing business as Superluminal, registered with the Dutch Chamber of Commerce under number 67813976 and having its principal place of business at Gardameerpad 286, 2729 RD, Zoetermeer in the Netherlands.

1.9 **"Superluminal OSS"** means the open source software as defined in Section 12 of this Agreement.

1.10 "**Updates**" means the maintenance versions, bug fixes, minor and/or major updates, upgrades, modifications, enhancements and supplements of Software, and any new releases or versions thereof.

1.11 **“Capture Data”** means performance capture files, profiling data, metadata and other information generated, collected or made available through the Software and provided by or on behalf of Licensee for processing by the Software.

1.12 **"Free Features"** means those features or commands of the Software that Superluminal makes available free of charge under this Agreement.

1.13 **"Licensed Features"** means those features or commands of the Software that require a valid License, subscription, activation key or other commercial entitlement, including commands that query, analyze, extract or return information, in any possible way, from Capture Data.

1.14 **"Software Output"** means textual, structured or other information generated by the Software from Capture Data.

1.15 **"Third-Party AI Service"** means any third-party artificial intelligence model, agent, assistant, application, API, platform or service capable of receiving, processing or interpreting Software Output.

#### 2\. GRANT OF LICENSE

2.1 Subject to the terms and conditions of this Agreement, Superluminal hereby grants Licensee a non-transferable, revocable, non-exclusive, non-sublicensable, limited and internal- use License to download, install, load, execute, display and use the Free Features of the Software in accordance with the Documentation for their intended purposes, provided that Licensee reproduces all copyright, trademark, and other proprietary notices.d:

Download, install, load, execute, display and use the Software in accordance with the Documentation for its intended purposes;

1. Make copies of the Software only as necessary to use the Software in accordance with this Agreement, provided that Licensee reproduces all copyright, trademark and other proprietary notices which appear in or on the Software.  
2.   
3. 

2.2 Subject to the terms and conditions of this Agreement, and further subject to payment of all applicable fees and compliance with any applicable license key, subscription, activation, seat, term, or other commercial requirements specified by Superluminal, Licensee is granted the same limited internal-use license with respect to the Licensed Features, solely during the applicable license term and solely to the extent such Licensed Features have been validly licensed to Licensee.

2.32 The License will immediately end upon termination of this Agreement in accordance with Section 6\.

2.43 The Software and Documentation is only licensed to Licensee under this Agreement and never sold. This Agreement is not to be interpreted or construed as a sale agreement.

2.54 Licensee agrees that any issues or bugs found in the Free Features during the term of the License are not guaranteed by Superluminal to be fixed.

2.6 Access to and use of the Licensed Features may be subject to payment of applicable fees as determined by Superluminal from time to time.

2.7 Licensee shall pay all applicable fees for the Licensed Features in accordance with the pricing, payment terms and billing information made available by Superluminal at the time of purchase.

2.8 Except as expressly stated otherwise by Superluminal, all fees are non-refundable and non-cancellable.

2.9 Superluminal may suspend or terminate Licensee's access to the Licensed Features if Licensee fails to pay any applicable fees when due.

#### 3\. RESTRICTIONS

3.1 Licensee is forbidden to directly or indirectly:

1. To modify, decompile, dissemble, decrypt, modify, reverse assemble, reverse compile, re-engineer, or reverse engineer or otherwise translate or create, attempt to create the source code of the Software or its structural framework (in whole or in part), or perform any process intended to determine the source code of the Software in any way, except as otherwise expressly permitted in this Agreement;  
2. Create modifications, enhancements or derivate works based upon the Software and/or the Documentation (in whole or in part);  
3. (Attempt to) distribute, rent, lend, sell or otherwise redistribute and/or exploit the Software and/or Documentation for Licensee's commercial purposes; and  
4. Remove, delete, alter or obscure any notices related to the Intellectual Property Rights from the Software and/or Documentation, including any copy thereof.

3.2 In addition to the restrictions as set out in Section 3.1, the following restriction applies solely to the Private Package: Licensee is strictly forbidden to directly or indirectly (re)distribute, disclose, use or exploit the Private Package for any purposes that are not considered internal business purposes.

3.3 The License is limited to the object code. Rights to the source code are not provided, unless explicitly agreed upon otherwise in writing.

3.4 Licensee shall not bypass, disable, interfere with or otherwise circumvent any license keys, activation mechanisms, usage restrictions or technical measures used by Superluminal to control access to Licensed Features.

#### 4\. OWNERSHIP

4.1 Superluminal owns all rights, title, and interest, including without limitation all Intellectual Property Rights in and to the Software and Documentation. This Agreement does not transfer any right, title, ownership and/or interest in and the Software and/or Documentation, including any derivate works, to Licensee in any way.

4.2 The Software, including the source and objectcode, logic and structure, constitute valuable trade secrets of Superluminal. Licensee agrees to secure and protect the Software and/or Documentation with the same care which it employs to protect its own intellectual property of a similar nature, but in no event less than a reasonable standard of care. This Section 4.2 will survive any termination of this Agreement.

4.3 The Licensee may provide suggestions, comments, and other feedback to Superluminal regarding the Software and/or Documentation. Superluminal may freely use, copy, disclose, license, distribute and exploit the aforementioned feedback in any manner without any obligation or restriction based on any Intellectual Property Rights or otherwise. In the event such feedback is incorporated in the Software, Documentation or other Superluminal property, Superluminal shall be the sole owner of any (intellectual property) rights associated therewith.

4.4 As between Superluminal and Licensee, Licensee retains all rights in and to its Capture Data. Subject to Superluminal's Intellectual Property Rights in the Software, Licensee may use Software Output generated through its permitted use of the Software for its internal business purposes.

#### 5\. UPGRADES; NO SUPPORT OR MAINTENANCE

5.1 Superluminal may from time to time and at its own discretion provide Upgrades to the Software and/or Documentation. To the maximum extent permitted by applicable law, Superluminal will not be responsible for any liability that may arise due to Licensee's failure to install and use an Upgrade where use of such Upgrade would avoid the liability.

5.2 Superluminal is not obligated to provide support or maintenance services for the Software under this Agreement. Any support or maintenance provided shall be at Superluminal's sole discretion and may be subject to additional fees.

#### 6\. TERM AND TERMINATION

6.1 This Agreement shall remain in effect until terminated.

6.2 Superluminal may terminate this Agreement immediately if (a) Licensee fails to comply with any provisions of this Agreement; (b)in the event Licensee goes out of business; (c) in the event of a change of control or sale of Licensee; (d) Superluminal discontinues the Software; or (e) upon Superluminal's sole discretion for any reason.

6.3 Upon termination of this Agreement, the License ends immediately and Licensee shall immediately cease all use of the Software and delete all copies of the Software and Documentation in its possession.

#### 7\. THIRD-PARTY AI SERVICES

7.1 The Software may be used together with Third-Party AI Services. The Software itself does not contain, host or provide any artificial intelligence model, AI assistant, chatbot or other AI service.

7.2 Unless expressly stated otherwise in the Documentation, Superluminal does not transmit Capture Data or Software Output to Superluminal-hosted servers for the purpose of providing the Licensed Features.

7.3 Licensee is solely responsible for selecting, connecting, configuring and using any Third-Party AI Service and for complying with any terms, conditions, policies and legal requirements applicable to such Third-Party AI Service.

7.4 Licensee is solely responsible for determining whether Capture Data, Software Output, confidential information, personal data or any other information is disclosed to a Third-Party AI Service.

7.5 Superluminal is not responsible for and shall have no liability arising from any Third-Party AI Service, including its operation, availability, outputs, recommendations, actions or omissions.

#### 87\. WARRANTY DISCLAIMER

87.1 Licensee expressly acknowledges and agrees that, to the maximum extent permitted by applicable law, use of the Software is entirely at its own risk.

87.2 To the maximum extent permitted under applicable law, the Software is provided on an "As Is" and "As Available", with all faults and without warranty of any kind. Superluminal and any of its licensors and suppliers hereby disclaim all warranties and conditions with respect to the Software and the Documentation, either express, implied or statutory, including but not limited to the implied warranties and conditions of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Superluminal does not warrant that the operation of the Software will be uninterrupted, timely or error-free, that the Software will be compatible with any other product or that it could cause failures and other damages, including without limitation damage to your hardware.

8.3 Superluminal does not warrant that Software Output will be complete, accurate, reliable or suitable for any particular purpose.

8.4 Superluminal does not warrant that any Third-Party AI Service will correctly interpret, preserve, reproduce or act upon any Software Output.

#### 98\. LICENSEE WARRANTY

98.1 Licensee warrants to Superluminal that it has the legal rights and authority to enter into and perform its obligations under this Agreement. If Licensee acts on or behalf of an organization or employer, Licensee warrants that it is authorized to enter into this Agreement with Superluminal.

#### 109\. INDEMNIFICATION

109.1 Licensee will defend, indemnify and hold Superluminal, its directors, employees and third party licensors harmless from and against any claims, liabilities, damages, costs, losses, and expenses, including without limitation, legal fees, arising out of or in any way connected with Licensee's use of the Software and/or Documentation, Licensee's use of third party software, Licensee's violation or infringement of third party terms and conditions, Licensee's infringement of Intellectual Property rights of third parties, and/or Licensee's violation of this Agreement.

#### 110\. LIMITATION OF LIABILITY

110.1 To the maximum extent permitted by applicable law, in no event shall Superluminal or any of its suppliers or affiliates be liable to Licensee for any general, direct, indirect, incidental, special or consequential damages or other damages or any loss of revenue, loss of data, loss of revenue, loss of use, loss of profits, business interruption or loss of profits, whether arising out of the License or otherwise suffered by Licensee under this Agreement, even if Superluminal has been advised of the possibility of such damages, and regardless of whether the claim is based upon any contract, tort (including negligence) or other legal or equitable theory. Licensee is not and will not be entitled to receive any damages of any kind, fees, expenses, costs, any other sum, injunctive relief, or any form of legal or equitable relief from Superluminal or any of its suppliers or affiliates for any cause or reason relating to the License, Software or this Agreement.

110.2 In any case, Superluminal's aggregate cumulative liability under or relating to this Agreement shall not exceed the amount of $100.00 (one hundred) US dollars. Licensee agrees that Superluminal's suppliers or affiliates will have no liability to Licensee of any kind under or as a result of this Agreement.

110.3 Nothing in this Agreement shall exclude or limit a party's liability for gross negligence or willful misconduct.

10.4 Without limiting the foregoing, Superluminal shall not be liable for:

(a) any use of a Third-Party AI Service by Licensee;  
(b) any disclosure of Capture Data, Software Output, confidential information or personal data to a Third-Party AI Service;  
(c) any output, recommendation, conclusion or action generated by a Third-Party AI Service; or  
(d) any reliance placed on Software Output or any output generated by a Third-Party AI Service.

#### 121\. OPEN SOURCE SOFTWARE

121.1 The Software may contain open source or similar third-party materials as specified in the Documentation and/or the text files accompanying the Software, the Superluminal OSS. The list of Superluminal OSS may be modified or revised at any time by Superluminal and such modification or revision shall be effective upon publishing the updated Documentation or by updating the text files, or by other reasonable means. Due to the open source (or similar) nature of the Superluminal OSS, its use is governed by separate terms and conditions and/or licenses of the applicable supplier (which may be identified in the Documentation or text files by Superluminal) and not this Agreement.

#### 132\. MISCELLANEOUS

132.1 Superluminal reserves the right at any time to make updates, supplements or other modifications to the (licensing) terms of this Agreement and the features, specifications, capabilities, functions, prices, availability or other characteristics of the Software and/or Documentations. Superluminal reserves the right at any time to cease the delivery of the Software.

132.2 This Agreement is governed by, construed and interpreted in accordance with the laws of the Netherlands. Both parties hereby consent to the exclusive jurisdiction and venue of the District Court of Rotterdam, the Netherlands. In each case this Agreement shall be construed and enforced without regard to the United Conventions on Contracts for International Sale of Goods.

132.3 If the business name used by Licensee denotes more than one (legal) person or organization, each will be responsible for the entire fulfilment of the obligations that may flow forth from this Agreement.

132.4 Licensee may not assign, transfer, or novate this Agreement, nor License granted herein, in whole or in part and without the Superluminal's express written consent and any such attempt will be void. Superluminal may (a) without consent and freely assign, delegate, license and/or transfer this Agreement in whole or in part, or (b) subcontract any of its performance under this Agreement to third parties.

132.5 If at any time any part of this Agreement is held to be or becomes void or otherwise unenforceable for any reason under law, the validity, legality and/or enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired as a result of that omission and the provision in question shall apply with the minimum modifications necessary to make it valid and enforceable.

132.6 Any notices required or permitted under this Agreement or required by law will be in writing and in the Dutch or English language, and be delivered in person, or sent by registered email or courier, or email, to the contact person indicated by either party to the other party. Irrespective of the foregoing, any notice to Superluminal should always be sent with a copy to [info@superluminal.eu](mailto:info@superluminal.eu).

132.7 This Agreement sets forth the entire agreement and supersedes any and all prior agreements between the parties with respect to the subject matter hereof. No change, modification of any provision of the Agreement shall be valid, unless set forth in a written document executed between both parties. This Agreement may be executed with electronic or electronically scanned signatures.  
