================================================================================ END-USER LICENSE AGREEMENT (EULA) - OBSERAE ================================================================================ Version 1.0 - 05/19/2026 Publisher: Spartan Conseil Cybersecurite (hereinafter referred to as "Spartan Conseil", its commercial name), a French SARL governed by French law. Commercial licensing contact: licensing@spartan-conseil.fr IMPORTANT - GOVERNING VERSION ----------------------------- This document is a COURTESY ENGLISH TRANSLATION. The binding legal text of this EULA is the French version (EULA.txt). IN THE EVENT OF ANY DISCREPANCY OR CONFLICT OF INTERPRETATION BETWEEN THE FRENCH AND ENGLISH VERSIONS, THE FRENCH VERSION SHALL PREVAIL. RECITALS -------- Obserae is a network cybersecurity software (NetFlow collection and analysis, cartography, detection) published by Spartan Conseil. It is distributed as proprietary binaries and Docker images; its source code is not made public. Spartan Conseil intends Obserae to be freely available to individuals and very small organizations, while reserving large-scale professional use and service-resale use to the conclusion of a commercial agreement. This EULA sets out the terms of that dual offering. By downloading, installing or using the Software, the User acknowledges having read and unconditionally accepts this Agreement. 1. DEFINITIONS -------------- For the purposes of this Agreement: "Software" means Obserae, its binaries, Docker images, documentation, updates and any component provided by Spartan Conseil under the "Obserae" name. "User" means the natural or legal person who downloads, installs, runs or uses the Software. "Consolidated Group" means the legal entity that operates the Software together with its parent, subsidiary and sister companies within the meaning of articles L233-1 and L233-3 of the French Commercial Code. "Persons" means all employees, officers, interns, work-study participants, contractors and subcontractors involved for more than 30 calendar days per year within the Consolidated Group. "Personal Use" means use of the Software by a natural person acting on their own behalf, for non-commercial purposes. "Eligible Small Business" means any entity whose Consolidated Group has at most 20 (twenty) Persons AND whose consolidated revenue for the last closed financial year is less than or equal to EUR 2,000,000 (two million euros). Both criteria are cumulative. "Commercial Use" means any use of the Software that is neither Personal Use nor internal use by an Eligible Small Business. "Managed Service" means any offering in which the Software is operated by a third party for the benefit of an end client, including MSSP (Managed Security Service Provider) offerings, SOC-as-a-Service, managed hosting or outsourced monitoring. 2. GRANT OF FREE LICENSE ------------------------ 2.1. Spartan Conseil grants the User a free, worldwide, non-exclusive, non-transferable and revocable license to use the Software for: a) any Personal Use; b) any internal use by an Eligible Small Business. 2.2. This license covers the installation, execution, configuration and use of the Software on infrastructure controlled by the User, for the User's own needs. 2.3. The license is granted for the downloaded version of the Software and for minor updates released under the same major version. 3. COMMERCIAL LICENSE REQUIRED ------------------------------ A commercial license agreement must be entered into with Spartan Conseil prior to: a) any use by an entity that does NOT meet the Eligible Small Business criteria defined in article 1; b) any provision of the Software as a Managed Service; c) any use of the Software in the context of a paid service for the benefit of a third party that does not meet the Eligible Small Business criteria (including audit, consulting, integration, managed operations or training delivered to a client above the threshold); d) any sale of training, certification or paid educational services focused primarily or exclusively on the Software. Commercial contact: licensing@spartan-conseil.fr 4. EXCEPTION - ONE-OFF AUDIT BY AN INDEPENDENT CONSULTANT --------------------------------------------------------- By way of exception to article 3 c), an independent consultant - who must themselves be a natural person or an Eligible Small Business - may deploy the Software on a client's infrastructure above the threshold solely for the purpose of a one-off audit, subject to the following cumulative conditions: a) the deployment does not exceed 30 (thirty) consecutive calendar days; b) the Software is fully removed and the collected data purged no later than the end of the engagement; c) no recurring service contract relating to the Software is entered into between the consultant and the client; d) the audit report explicitly states that any permanent operation of the Software by the client requires a commercial license from Spartan Conseil. Any deployment that does not meet all four cumulative conditions falls under article 3 c) and requires a commercial license. 5. RESTRICTIONS --------------- Unless otherwise expressly authorized in writing by Spartan Conseil, the User shall not: a) decompile, disassemble, reverse-engineer or otherwise attempt to access the source code of the Software by any means whatsoever, subject to the non-waivable rights expressly granted by article L122-6-1 of the French Intellectual Property Code; b) modify, adapt, translate the Software or create derivative works from it; c) redistribute, mirror, re-host, republish or repackage the Software or its binaries - Spartan Conseil remains the sole authorized distributor through its official channels (github.com/spartan-conseil/obserae and ghcr.io/spartan-conseil/obserae); d) remove or alter intellectual property notices, trademarks or license notices included in the Software or its binaries; e) circumvent any eligibility verification or technical protection mechanisms of the Software; f) use the "Obserae" and "Spartan Conseil" trademarks or associated logos to promote any third-party product, service or training offering. 6. INTELLECTUAL PROPERTY ------------------------ 6.1. The Software remains the exclusive property of Spartan Conseil. No transfer of intellectual property rights is made to the User, other than the limited use license defined in article 2. 6.2. The "Obserae" and "Spartan Conseil" trademarks and associated logos are the property of Spartan Conseil and are protected under the provisions of the French Intellectual Property Code. 6.3. Data collected, processed or produced by the User through the Software - including NetFlow flows, network cartography, detection rules, sessions and reports - remains the sole and entire property of the User. Spartan Conseil has no access to, and claims no right over, such data. 7. NO DATA COLLECTION --------------------- Spartan Conseil contractually undertakes that the Software, in its distributed form: a) performs no usage telemetry; b) makes no outbound contact with servers controlled by Spartan Conseil or any third party; c) performs no online license verification. The Software is designed to operate entirely in an isolated environment, including air-gapped deployments. Any future change to this behavior will be explicitly stated in a later version of this EULA and will require a new acceptance by the User. 8. UPDATES AND SUPPORT ---------------------- 8.1. Spartan Conseil may publish updates to the Software at its sole discretion. No obligation to update, patch or provide support is attached to the free license. 8.2. Technical support, priority fixes, service-level commitments (SLA) and custom development are governed exclusively by commercial license agreements entered into with Spartan Conseil. 9. WARRANTY - LIMITATION ------------------------ 9.1. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT ANY EXPRESS OR IMPLIED WARRANTY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONTINUITY OF SERVICE OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE FRENCH LAW. 9.2. The User acknowledges that the Software is a network observation and analysis tool, and that it is the User's responsibility to validate its fitness for their needs, its integration into their architecture, and the compliance of their use with applicable regulations (including in particular those relating to the protection of personal data). 10. EXCLUDED HIGH-RISK USES --------------------------- 10.1. The Software is designed for the observation and analysis of network traffic in standard IT environments. It is neither designed, tested nor certified for use in life-critical or high-criticality environments. 10.2. The User expressly undertakes not to deploy, install or use the Software in or as part of systems or environments whose failure, error, delay or compromise could cause bodily injury, loss of human life or serious environmental damage, including but not limited to: a) medical equipment and devices; b) air, rail or maritime traffic control systems; c) nuclear facilities or Seveso-classified industrial sites; d) weapons or defense systems; e) critical infrastructures within the meaning of the French Defense Code (articles L1332-1 et seq.) without specific prior agreement from Spartan Conseil. 10.3. The User acknowledges that any use of the Software in breach of this article is at the User's sole risk and that the User assumes full responsibility for the consequences of such use, with no recourse against Spartan Conseil. 11. LIMITATION OF LIABILITY --------------------------- 11.1. To the fullest extent permitted by law, and in respect of the free license defined in article 2, the total cumulative liability of Spartan Conseil to the User is limited to EUR 0 (zero euros), corresponding to the price paid by the User for the free license. 11.2. Spartan Conseil shall in no event be liable for indirect damages, loss of data, loss of business, reputational damage, nor for the consequences of any intrusion, security incident or compromise not detected by the Software. 11.3. The limitations set out in articles 11.1 and 11.2 do not apply in case of gross negligence or willful misconduct by Spartan Conseil, nor in case of bodily injury. 12. TERM AND TERMINATION ------------------------ 12.1. The free license is granted for the legal duration of protection of the Software. 12.2. Spartan Conseil may terminate the license as of right in case of breach by the User of articles 2, 3, 4, 5 or 10 of this Agreement, after a formal notice that has remained unanswered for 30 (thirty) calendar days. 12.3. Upon termination, the User shall immediately cease all use of the Software and uninstall it from all infrastructure. 12.4. Articles 5 (Restrictions), 6 (Intellectual Property), 9 (Warranty), 10 (Excluded High-Risk Uses), 11 (Liability) and 14 (Governing Law) shall survive termination of this Agreement. 13. EXPORT CONTROL ------------------ The User undertakes to comply with French and European regulations applicable to the Software in matters of export control and international sanctions. In particular, the User shall not export, re-export or make the Software available to entities or persons subject to a sanctions regime. 14. GOVERNING LAW AND JURISDICTION ---------------------------------- This Agreement is governed by French law. Any dispute relating to its validity, interpretation or performance shall be submitted to the exclusive jurisdiction of the French courts in the territorial jurisdiction of Spartan Conseil's registered office, subject to the mandatory provisions applicable to consumers within the meaning of the French Consumer Code. 15. ENTIRE AGREEMENT - GOVERNING VERSION ---------------------------------------- This EULA constitutes the entire agreement between the parties with respect to the free license of the Software, to the exclusion of any other document, communication or representation. It is drawn up in French and English. IN THE EVENT OF ANY DISCREPANCY OR CONFLICT OF INTERPRETATION BETWEEN THE FRENCH AND ENGLISH VERSIONS, THE FRENCH VERSION (EULA.txt) SHALL PREVAIL. Should any provision of this Agreement be held to be void or unenforceable, the remaining provisions shall remain in full force and effect. ================================================================================ Spartan Conseil Cybersecurite (Spartan Conseil), French SARL Commercial licensing contact: licensing@spartan-conseil.fr Legally binding version: EULA.txt (French) - this file is a courtesy translation. ================================================================================