Ouster SDK – Freeware Components End User License Agreement
=============================================================

Copyright (c) 2018-2026, Ouster, Inc. All rights reserved.

This End User License Agreement ("Agreement") is a legal agreement between you,
either as an individual or on behalf of an entity ("You" or "Licensee"), and
Ouster, Inc. ("Ouster") governing your use of the Freeware
Components (as defined below) distributed as part of the Ouster Software
Development Kit (the "Ouster SDK") in binary form.

The Ouster SDK is distributed in two forms: (a) as source code published by
Ouster, which is governed solely by the BSD 3-Clause License set out in the
file LICENSE available in the applicable source code repository (the "Open 
Source License"), and (b) as binary distributions (including, without 
limitation, Python "wheel" packages, dynamic and static libraries, executables, 
and any other compiled artifacts produced and distributed by Ouster) that 
combine code under the Open Source License with the Freeware Components 
governed by this Agreement.

BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING A BINARY DISTRIBUTION
OF THE OUSTER SDK THAT CONTAINS THE FREEWARE COMPONENTS, YOU AGREE TO BE
BOUND BY THE TERMS OF THIS AGREEMENT WITH RESPECT TO THE FREEWARE COMPONENTS.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST NOT USE THE
FREEWARE COMPONENTS AND MUST REMOVE THE BINARY DISTRIBUTION FROM YOUR
SYSTEMS.


1. Definitions
--------------

1.1 "Freeware Components" means the object code, debug symbols, and any
associated files of the proprietary Ouster software modules identified in
the COPYRIGHT file accompanying the Binary Distribution as being licensed
under this Agreement, as they are statically linked into, dynamically
linked from, or otherwise embedded within the binary artifacts that Ouster
distributes as part of the Ouster SDK. The Freeware Components are
provided to You in object-code form only. No source code for the Freeware
Components is distributed by Ouster under this Agreement.

1.2 "Open Source Components" means all portions of the Ouster SDK other than
the Freeware Components, including, without limitation, the components
licensed under the Open Source License and the third-party components whose
notices are reproduced in the LICENSE-bin and COPYRIGHT files. The Open
Source Components are not the subject of this Agreement and remain governed
exclusively by their respective licenses.

1.3 "Binary Distribution" means any binary artifact produced and distributed
by Ouster as part of the Ouster SDK, including but not limited to the
``ouster_sdk`` Python wheel published on the Python Package Index, and any
standalone binary archives, packages, or installers made available by Ouster
to its customers or to the general public.


2. License Grant
----------------

Subject to Your continuing compliance with this Agreement, Ouster grants You
a personal, non-exclusive, non-transferable, non-sublicensable, royalty-free,
worldwide license to:

(a) install and use the Freeware Components, in object-code form only and only
as embedded within an unmodified Binary Distribution, for Your internal
business, research, evaluation, prototyping, and other lawful purposes; and

(b) reproduce and redistribute the Freeware Components solely as an integral
and unmodified part of a Binary Distribution, provided that each copy
You redistribute includes (i) a copy of this Agreement, (ii) a copy of the
LICENSE, LICENSE-bin, and COPYRIGHT files as distributed by Ouster, and
(iii) all original copyright, trademark, and attribution notices.

The Freeware Components are licensed, not sold. Ouster reserves all rights
not expressly granted under this Agreement.  You will not acquire any such 
rights, whether through estoppel, implication, or otherwise.


3. Restrictions
---------------

Except as expressly permitted by this Agreement, by a separate written
agreement with Ouster, or by applicable mandatory law (as described in
Section 4), You shall not, and shall not permit any third party to:

(a) reverse engineer, decompile, disassemble, or otherwise attempt to derive,
reconstruct, identify, or discover any source code, underlying ideas,
algorithms, file formats, programming, or interoperability interfaces of any
of the Freeware Components by any means whatsoever;

(b) extract, separate, isolate, or repackage any of the Freeware Components
from a Binary Distribution, or distribute any of the Freeware Components other
than as an integral and unmodified part of a Binary Distribution as received
from Ouster;

(c) modify, adapt, translate, or create derivative works based on any of the
Freeware Components in object-code form, or merge any of the Freeware Components
with other software;

(d) remove, alter, or obscure any copyright, trademark, attribution, or
other proprietary notices contained in or on the Freeware Components, the
Binary Distribution, or any accompanying documentation;

(e) sell, rent, lease, lend, sublicense, assign, or otherwise transfer any of
the Freeware Components, or grant any rights in any of the Freeware Components 
to any third party, except as expressly permitted by Section 2(b);

(f) use any of the Freeware Components, or any information derived from them 
or any accompanying documentation, to develop, market, or distribute any 
product or service that competes with the Ouster SDK or with any other product 
or service offered by Ouster; or

(g) use the Freeware Components in violation of any applicable law or
regulation, including any export control or economic sanctions law.


4. Statutory Exceptions
-----------------------

Nothing in Section 3 limits or excludes any rights that You have under
applicable mandatory law that cannot be waived by contract, including,
without limitation, the right to perform acts of decompilation strictly to
the extent necessary to achieve interoperability with other software, where
such right is granted by applicable mandatory law (for example, Article 6
of Directive 2009/24/EC of the European Parliament and of the Council of
23 April 2009 on the legal protection of computer programs, as transposed
into the national law of an EU or EEA Member State, or the corresponding
provision of any other applicable mandatory law). Before exercising any
such right, You agree to first request the necessary interoperability
information from Ouster in writing at the contact address in Section 12,
and to allow Ouster a reasonable period to provide such information.


5. Relationship to the Open Source Components
---------------------------------------------

This Agreement applies only to the Freeware Components. Nothing in this
Agreement shall be construed to:

(a) modify, supersede, limit, restrict, condition, or otherwise affect any
right, license, or obligation that applies to any Open Source Component
under the Open Source License, the licenses reproduced in LICENSE-bin and
COPYRIGHT, or any other applicable open source or third-party license;

(b) impose any restriction on the Open Source Components that is not
expressly contained in their respective licenses; or

(c) grant Ouster any right with respect to the Open Source Components
beyond those granted by their respective licenses.

In the event of any conflict between this Agreement and the license
applicable to an Open Source Component with respect to that Open Source
Component, the license applicable to that Open Source Component shall
prevail with respect to that Open Source Component.


6. Ownership
------------

The Freeware Components are the proprietary property of Ouster and its
licensors. Ouster and its licensors retain all right, title, and interest
in and to the Freeware Components, including all intellectual property
rights therein. No title to or ownership of the Freeware Components is
transferred to You under this Agreement.

The Ouster name and logo, and all related product and service names,
design marks, and slogans, are trademarks or registered trademarks of
Ouster. This Agreement does not grant You any right to use any Ouster
trademark, except as required for reasonable and customary attribution.


7. No Support
-------------

The Freeware Components are provided to You free of charge as a convenience
and as part of the Binary Distribution. Ouster has no obligation under this
Agreement to provide any maintenance, technical support, updates, upgrades,
bug fixes, or new releases for the Freeware Components. Any support that
Ouster does provide is provided at Ouster's sole discretion and may be
discontinued at any time without notice.


8. No Warranty
--------------

THE FREEWARE COMPONENTS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM
COURSE OF DEALING OR COURSE OF PERFORMANCE. OUSTER DOES NOT WARRANT THAT
THE FREEWARE COMPONENTS WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT
INTERRUPTION, BE ERROR-FREE, OR BE SECURE.

THE OUSTER SDK, INCLUDING THE FREEWARE COMPONENTS, IS DESIGNED TO SUPPORT
PROTOTYPING, EVALUATION, AND OTHER NON-SAFETY-CRITICAL APPLICATIONS. THE
FREEWARE COMPONENTS ARE NOT FAULT-TOLERANT AND ARE NOT DESIGNED, INTENDED,
OR LICENSED FOR USE IN ANY APPLICATION WHERE THE FAILURE OF THE FREEWARE
COMPONENTS COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE
PHYSICAL, PROPERTY, OR ENVIRONMENTAL DAMAGE.


9. Limitation of Liability
--------------------------

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
OUSTER OR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE
DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR
OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF, OR
INABILITY TO USE, THE FREEWARE COMPONENTS, EVEN IF OUSTER HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUSTER'S AND ITS
LICENSORS' TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS
AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER
THEORY OF LIABILITY, SHALL NOT EXCEED FIFTY UNITED STATES DOLLARS
(US$50.00). BECAUSE THE FREEWARE COMPONENTS ARE PROVIDED TO YOU FREE OF
CHARGE, YOU ACKNOWLEDGE AND AGREE THAT THIS LIMITATION REFLECTS A
REASONABLE ALLOCATION OF RISK AND THAT OUSTER WOULD NOT BE WILLING TO
PROVIDE THE FREEWARE COMPONENTS TO YOU WITHOUT THIS LIMITATION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN
WARRANTIES OR DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS
MAY NOT APPLY TO YOU.


10. Term and Termination
------------------------

This Agreement is effective upon Your first download, installation, copy,
or use of the Freeware Components and continues until terminated.

This Agreement terminates automatically and without notice if You materially
breach any of its terms, including in particular any restriction in
Section 3. Ouster may also terminate this Agreement at any time on written
notice if Ouster ceases to make the Freeware Components available as
freeware.

Upon termination, You must immediately cease all use of the Freeware
Components and destroy all copies of the Freeware Components in Your
possession or control. Sections 1, 3, 5, 6, 8, 9, 10, 11, and 12 shall
survive any termination of this Agreement.


11. Export Control and Compliance
---------------------------------

The Freeware Components may be subject to the export control laws and
regulations of the United States and other jurisdictions. You shall comply
with all applicable export control and economic sanctions laws and
regulations in Your use, export, re-export, and import of the Freeware
Components. You represent and warrant that You are not located in, under
the control of, or a national or resident of any country or person that is
the target of comprehensive trade or economic sanctions administered by
any applicable governmental authority.


12. General
-----------

12.1 Governing Law and Venue. This Agreement shall be governed by, and
construed in accordance with, the laws of the State of California, without
regard to its conflict of law principles. The United Nations Convention on 
Contracts for the International Sale of Goods does not apply to this Agreement. 
Any dispute arising out of or related to this Agreement shall be brought 
exclusively in the state or federal courts located in San Francisco, California, 
and the parties consent to the personal jurisdiction of those courts.

12.2 Indemnity by Licensee.  If Ouster is the subject of a claim, becomes 
involved in a legal proceeding, or suffers any economic loss or damage as a 
result of Your violation of this Agreement, to the extent permitted by law, You 
will be responsible for compensating Ouster for the full amount of its loss, 
as well as any reasonable amounts Ouster incurs in lawyers' fees, expenses and court 
costs, except to the extent that Ouster contributed to the loss or damage.


12.3 Entire Agreement. This Agreement, together with the Open Source
License and any third-party license notices included with the Binary
Distribution, constitutes the entire agreement between You and Ouster
with respect to the Freeware Components, and supersedes all prior or
contemporaneous understandings regarding such subject matter.

12.4 Severability. If any provision of this Agreement is held to be
unenforceable, that provision shall be modified to the minimum extent
necessary to make it enforceable, and the remaining provisions shall
remain in full force and effect.

12.5 No Waiver. The failure of Ouster to enforce any right or provision of
this Agreement shall not constitute a waiver of such right or provision.

12.6 Assignment. You may not assign or transfer this Agreement or any
rights granted hereunder, by operation of law or otherwise, without the
prior written consent of Ouster. Ouster may freely assign this Agreement.

12.7 Contact. Questions or notices regarding this Agreement may be sent to
Ouster, Inc. at legal@ouster.io.

12.8 U.S. Government Restricted Rights. The Freeware Components are
"commercial computer software" and "commercial computer software
documentation" as those terms are used in 48 C.F.R. § 12.212. If acquired
by or on behalf of a U.S. Government agency, use, duplication, and
disclosure of the Freeware Components is subject to the terms of this
Agreement.