END USER LICENSE AGREEMENT

IngredView Formulator’s Inventory Model

PLEASE READ THIS END USER LICENCE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE DOWNLOADING, ACCESSING OR USING THIS PRODUCT. BY COMPLETING YOUR PURCHASE, DOWNLOADING THE FILE, OPENING THE MODEL OR OTHERWISE USING THE MODEL, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MUST NOT DOWNLOAD, ACCESS OR USE THE MODEL.

1. The Parties

This Agreement is between:

• IngredView (ABN79 433 734 087) (“the Licensor”); and

• You, the individual or entity who has purchased, downloaded, accessed or uses the Model (“the Licensee”, “you” or “your”).

2. The Model

This Agreement governs your use of the IngredView Formulator’s Inventory Model, a downloadable Microsoft Excel-based digital model including all associated worksheets, macros, formulas, data structures, templates, instructions, documentation, updates and other materials supplied with it (collectively, “the Model”). The Licensor licenses the Model to you. The Licensor does not sell the Model to you and remains the owner of the Model at all times.

3. Grant of Licence

Subject to payment of the applicable licence fee and your compliance with this Agreement, the Licensor grants you a limited, non-exclusive, non-transferable, revocable licence to:

• Download, install and store one (1) copy of the Model on your own devices, together with reasonable back-up copies for operational security; and

• Use the Model solely for your own internal business or personal purposes, and not to provide services to third parties, train competing products or commercially exploit the Model itself.

This licence is for a single named user only. Use by multiple individuals within an organisation, or use on behalf of more than one business, requires the purchase of additional licences unless the Licensor has agreed otherwise in writing. You must supervise and control use of the Model by your personnel and ensure that any permitted user complies with this Agreement. Please contact IngredView for team or multi-seat pricing.

4. Restrictions

Except as expressly permitted by this Agreement or by law, you must not:

• Copy, reproduce, duplicate, publish, disclose, transmit, make available or redistribute the Model to any third party, whether for payment or free of charge, except for reasonable back-up copies permitted under this Agreement;

• Resell, sublicence, assign, transfer, rent, lease, lend, host, timeshare or otherwise commercially exploit the Model or any portion of it;

• Modify, adapt, translate, merge, vary or create derivative works based on the Model, except to enter your own data and make ordinary internal working copies as part of your permitted use;

• Remove, alter or obscure any copyright notice, branding, watermark, attribution, disclaimer or other proprietary notice contained within or supplied with the Model;

• Reverse engineer, decompile, disassemble, unlock, bypass protections in, or attempt to extract the underlying formulas, macros, logic, data structures or structure of the Model for the purpose of replication, competitive analysis or commercial exploitation;

• Share your download link, licence credentials or file with others who have not purchased their own licence, or allow any unauthorised person to access or use the Model.

5. Intellectual Property

The Model and all intellectual property rights in it, including but not limited to copyright, trade marks, confidential information, know-how and rights in its structure, design, layout, formulas, macros, logic, data fields, written content and documentation, remain the property of the Licensor or its licensors at all times. This Agreement does not transfer ownership of the Model or any intellectual property rights to you. You are purchasing the right to use the Model only in accordance with this Agreement, not ownership of it. You must keep all copies of the Model secure and must not remove any copyright or proprietary notices from any copy you are permitted to make.

6. Australian Consumer Law and International Consumer Rights

This Model is made available to customers globally. Nothing in this Agreement excludes, restricts or modifies any consumer guarantee, right, remedy or other protection that applies under the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010 (Cth), or any other law, to the extent that it cannot lawfully be excluded, restricted or modified. In all other respects, the laws of South Australia, Australia govern this Agreement.

European Union customers: If you are a consumer in the European Union, you may have a 14-day right to withdraw from a distance contract. The Model is digital content not supplied on a tangible medium. If you choose to download the Model during the withdrawal period, we will not supply it until you have expressly consented to immediate supply and acknowledged that you will lose your right of withdrawal once the download begins. If you do not give that consent and acknowledgement, you should not download the Model during the withdrawal period.

United Kingdom customers: If you are a consumer in the United Kingdom, you may have a 14-day right to cancel a distance contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. If you choose to download the Model during that cancellation period, we will not supply the Model until you have expressly consented to immediate supply and acknowledged that you will lose your right to cancel once the download begins. If you do not give that consent and acknowledgement, you should not download the Model during the cancellation period.

7. Updates and Versions

The Licensor may from time to time release updated versions, bug fixes, patches or other changes to the Model. There is no automatic entitlement to future updates unless expressly stated at the time of purchase or required by law. The Licensor may offer updated versions as new products at its discretion. If the Licensor supplies an update to you, that update forms part of the Model and is governed by this Agreement unless the Licensor specifies different terms. The Licensor may make reasonable changes to this Agreement for future versions of the Model, but changes will not retrospectively remove any non-excludable rights you have under applicable law.

8. Limited Warranty and Disclaimers

Subject to clause 6 and to the maximum extent permitted by law, the Model is provided “as is”. The Licensor warrants that, for 30 days from the date you first download the Model, the Model will substantially perform in accordance with any written description supplied by the Licensor when properly used in a supported version of Microsoft Excel and in accordance with any instructions supplied with the Model. This limited warranty does not apply to any defect or issue caused by your data, your device or software environment, misuse, unauthorised modification, failure to follow instructions, or use of the Model outside the purpose for which it was supplied. While the Licensor has taken reasonable care in preparing the Model, no warranty is given that:

• The Model will be uninterrupted, error-free or free from inaccuracies;

• The Model will meet your specific requirements, business needs or regulatory obligations; or

• The Model will be compatible with all versions of Microsoft Excel, operating systems, devices or other software.

It is your responsibility to verify that any information entered into or generated by the Model is accurate, complete and appropriate for your intended use.

9. Limitation of Liability and Product Suitability

Subject to clause 6 and to the maximum extent permitted by applicable law, the Licensor is not liable to you, whether in contract, tort (including negligence), statute or otherwise, for any special, indirect or consequential loss or damage arising from or in connection with this Agreement, the Model, or your use of or reliance on the Model, including:

• Loss, corruption or inaccuracy of data, inputs, outputs or business information;

• Errors in formulation calculations, ingredient information, costings, batch records or inventory figures; or

• Any regulatory, compliance, safety, labelling, stability, claims, manufacturing or product suitability consequences arising from reliance on Model outputs.

The Model is a calculation, organisation and record-keeping tool only. It is not professional regulatory, chemistry, toxicology, safety, labelling, manufacturing, quality assurance, therapeutic goods or legal advice. You remain responsible for assessing ingredient suitability, formulation safety, regulatory classification, claims, labelling, allergens, restricted substances, testing, manufacturing controls and compliance with all laws and standards that apply to your products and business.

Nothing in this Agreement excludes any rights you may have under applicable consumer protection law in your jurisdiction that cannot be excluded by contract. To the extent permitted by law, the Licensor’s total aggregate liability arising out of or in connection with this Agreement, the Model or its use is limited to the amount you paid for the Model. Where the Australian Consumer Law permits the Licensor to limit its liability for a failure to comply with a consumer guarantee, the Licensor’s liability is limited, at the Licensor’s option, to the replacement, repair or resupply of the Model or payment of the cost of replacement, repair or resupply.

10. Termination

The Licensor may terminate this Agreement by written notice if you commit a material breach of this Agreement and fail to remedy that breach within 14 days after receiving notice requiring you to do so. The Licensor may terminate this Agreement immediately by written notice if you breach clauses 3, 4 or 5, or if the breach cannot reasonably be remedied. Upon termination, all rights granted to you under this Agreement cease and you must immediately stop using the Model and permanently delete all copies of the Model in your possession or control. The Licensor reserves the right to pursue legal remedies for any breach.

Clauses 4, 5, 6, 8, 9, 10, 11 and any other clause that by its nature is intended to survive termination, survive expiry or termination of this Agreement.

11. Governing Law

This Agreement is governed by the laws of South Australia, Australia. Subject to any mandatory law that applies despite this clause, each party submits to the exclusive jurisdiction of the courts of South Australia and the courts of appeal from them for any dispute arising out of or in connection with this Agreement.

12. Contact

For licensing enquiries, including multi-seat or business licences, or for notices under this Agreement, please contact: hello@ingredview.com. Notices by email are taken to be received 24 hours after sending, unless the sender receives an automated delivery failure notice.