READ CAREFULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE CONTINUING WITH THE SETUP.

The Sitrad PRO® License Agreement regulates the licensing for the non-exclusive use of the Sitrad PRO® computer program, hereinafter referred to as the ‘software’, whose copyright holder is the licensor Full Gauge Eletro Controles Ltda, operating under the trade name ‘Full Gauge Controls’. The software is protected by copyright laws and related rights, as well as the software protection legislation in force in the country.

By proceeding with the setup and/or use of the Sitrad PRO® Software, the user (LICENSEE) declares they have read, understood, and fully accepted the terms of this Agreement, acknowledging that acceptance is evidenced by clear acts of consent, including, but not limited to, the setup, access or use of the Software.

On the one hand, Full Gauge Eletro Controles Ltda, with registered office at 250, Rua Julio de Castilhos – Canoas – Rio Grande do Sul, Taxpayer ID (CNPJ) No. 90.446.048/0001-10, hereinafter referred to as the Licensor; and on the other hand, the user, hereinafter referred to as the Licensee, who agree to the terms and conditions set forth below:

1. STORAGE AND USE OF INFORMATION AND PRIVACY

1.1. By using the SITRAD PRO® Software, the Licensee confirms that they have read and agree to the following documents:

a) Data Privacy Policy.

b) License Agreement.

1.2 Acceptance shall occur through express confirmation by means of a checkbox upon the first access to the Software, indicating agreement with the content of the aforementioned documents, and the Licensee may not claim lack of knowledge of the rules and information set forth therein.

2. THE SITRAD PRO® SOFTWARE

2.1. The Software is intended for the remote management of refrigeration, heating, air conditioning, and solar heating installations, exclusively for instruments manufactured by the Licensor.

2.2. The Software continuously evaluates, configures, and stores temperature, humidity, time, pressure, and voltage data, allowing remote modification of the operating parameters of the instruments.

2.3. The Licensee may download the Software to their computer or mobile phone.

2.4. To use the Software, the Licensee must register by creating a login and password.

2.5. If the Licensee already has an active registration, they only need to access their account using their email and password. 

2.6. The Software may be updated, modified, or replaced by new versions for technical reasons, compatibility, or technological evolution, without the need for prior individual notice.

3. GRANT OF LICENSE: The Licensor hereby grants, and the Licensee hereby accepts, for use exclusively with products manufactured by the Licensor, a non-exclusive license to setup and use the SITRAD PRO® Software, solely in executable code form, readable by a computer and/or mobile device, as well as any accompanying documentation, as authorized under this Agreement and applicable law. The Licensee agrees not to assign, sublicense, transfer, pledge, lease, sublease, or otherwise share the license rights under this Agreement. The Licensee further agrees to not appropriate, modify, disassemble, or decompile the SITRAD PRO® in any manner.

4. LICENSOR’S RIGHTS: The Licensee acknowledges and agrees that the SITRAD PRO® Software is the exclusive property of the Licensor, protected by international conventions and treaties to which Brazil is a signatory, as well as by national laws and decreed governing computer programs and copyright. The Licensee also acknowledges and agrees that all rights, title, and interests in the SITRAD PRO® Software, including all related rights, remain the property of the Licensor.

Sole Paragraph – Any and all developments or improvements to the SITRAD PRO® Software shall generate new intellectual property rights exclusively for the Licensor and, therefore, no rights in such Software are granted to the Licensee, except for the free right of use exclusively with products manufactured by the Licensor, as provided for in this Agreement.

5. The Licensee expressly and free of charge authorizes the Licensor, for an indefinite period, tu use its trademark(s) exclusively for the promotion of the SITRAD PRO® Software  in any and all digital or printed media, such as websites, social media, videos, news, newsletters, email marketing, trade fairs, and similar channels, without the need for further authorization. Should the Licensee not authorize such use, they must expressly notify the Licensor in writing at the time of setup, by email to marketing@fullgauge.com, with the subject line: “PROHIBITION OF TRADEMARK USE.”

6. MANDATORY USE OF THE SITRAD BRAND AND REFERENCE TO FULL GAUGE CONTROLS

6.1. The Licensee undertakes to clearly and visibly state that the SITRAD PRO® Software is owned by Full Gauge Controls in any disclosure, integration, promotional material, website, system, API, application, documentation, or communication that references the Software, in accordance with the following suggested wording: SITRAD, software and brand, belongs to Full Gauge Controls.

6.2. Any attempt to conceal, omit, or mischaracterize the SITRAD/SITRAD PRO brand is expressly prohibited, including through API integrations, white-label solutions, or equivalent agreements.

6.3. To assist with promotion, Full Gauge Controls’ converters are supplied with a sticker bearing the SITRAD brand. In addition, the Licensee may download a sample promotional reference at the following link: www.sitrad.com/brand;

6.4. Failure to comply with this clause authorizes the Licensor to immediately suspend or terminate the right to use the Software, without prior notice and without prejudice to any applicable legal measures.

7. CONNECTION AND CONDITIONS OF USE: The Licensee is fully responsible for contracting and maintaining an internet connection service suitable for using the Software, and the Licensor shall not be liable for connectivity failures.

8. USER REGISTRATION AND RESPONSIBILITY

8.1 Registration shall be available only to Licensees who have legal capacity to contract. Use by legally incapacitated persons, including minors or individuals barred by court order or competent authority, is strictly prohibited.

8.2. The Licensee is solely responsible for the accuracy and updating of the registration data provided.

8.3. The Licensee must immediately notify the Licensor of any unauthorized use of their account.

8.4. The Licensee acknowledges that their Software access password is personal and non-transferable, and that its safekeeping and management are their sole responsibility.

8.5. The Licensee acknowledges that they must ensure adequate security measures for the use of their computing equipment, and Full Gauge Controls shall not be liable for any failure to adopt appropriate security measures.  

Sole Paragraph – By using the SITRAD PRO®, the Licensee agrees to the collection of statistical and technical information regarding the use of the Software for improvement purposes, and the Licensor undertakes not to share such data with third parties.

9. LICENSE FEE: The use of the SITRAD PRO® Software is free of charge and unlimited, provided it is exclusively used in connection with products manufactured by the Licensor.

9.1. The functionalities for integrations via API and P2P Tunnel are not included in this free service.

10. WARRANTY: The Licensee acknowledges that they are aware of the functionalities contained in the SITRAD PRO® Software and that such functionalities meet their needs, thereby releasing the Licensor from any responsibility for any additional or supplementary expectations regarding the Software. The Licensor provides no warranties with respect to the SITRAD PRO® Software and assumes no liability arising from misuses, accidents, negligence, recklessness, lack of skill, unauthorized repair attempts or modifications, power failures, or any direct or indirect damages that may result from the use of the SITRAD PRO® Software by the Licensee, its employees, or agents. This also includes issues arising from force majeure or fortuitous events, as contemplated in Article 393 of the Brazilian Civil Code. The Licensee acknowledges that any financial or commercial losses (loss of profit, business disruption, etc.) do not give rise to any right to compensation from the Licensor.

 10.1. The Licensor disclaims any and all liability for damages arising from decisions made based on information provided by the SITRAD PRO® Software, as well as for data entered into or handled within the Software by the Licensee and/or by persons authorized by the Licensee.

11. PERSONAL DATA PROTECTION: Full Gauge Controls takes the protection of the Licensee’s personal data seriously and therefore undertakes to comply with the duties and obligations related to personal data protection as set forth in the Privacy Policy, processing the Licensee’s personal data in accordance with applicable current legislation, including, but not limited to, Law No. 12,965 of April 23^rd, 2014 and Decree No. 8,771 of May 11^th,2016 (the Brazilian “Internet Civil Rights Framework”/ Marco Civil da Internet), and Law No- 13,709 of August 14^th, 2018 (the “General Data Protection Law” or “LGPD”), as applicable.

11.1. If you, as the Licensee, identify a situation that may violate the LGPD or the Marco Civil da Internet, or that may put information security at risk, please contact us by email at privacidade@fullgauge.com.br.

12. TERM AND TERMINATION:

12.1. This Agreement shall be effective as of the acceptance and setup of the SITRAD PRO® Software and shall remain in force for an indefinite period.

12.2. The Licensor may terminate this Agreement at any time in the event of a breach of its terms, as well as in the event of a breach by the Licensee of any other agreements entered into between the Licensor and the Licensee. The Licensee may terminate this Agreement if they no longer wish to use the SITRAD PRO® Software connected to a product manufactured by the Licensor, or if they simply cease to use such product.

13. RESPONSIBILITIES: The Licensee shall be responsible for the setup and operation of the SITRAD PRO® Software and for maintaining usable backup copies of the information with up-to-date data. The Licensor will periodically make available updates and new versions of the SITRAD PRO® Software on the website www.sitrad.com.br or www.sitradpro.com.br (software in Portuguese), and on the website www.sitrad.com or www.sitradpro.com (software in English and Spanish versions), which shall also be governed by the terms of this Agreement. It is the sole responsibility of the Licensee to periodically check for the availability of new versions.

 14. TERM: The license is granted for an indefinite term.

Special Registry, No. 8983