Software Evaluation Terms And Conditions

Version: 1.0

Effective date: 2026-08-19

CRITICAL NOTICE: NON-PRODUCTION EVALUATION

THE ALETYX SOFTWARE AND GUIDED PILOT ARE PROVIDED SOLELY FOR INTERNAL EVALUATION. THEY ARE NOT INTENDED, DESIGNED, TESTED, OR AUTHORIZED FOR PRODUCTION USE. CUSTOMER ACKNOWLEDGES AND AGREES THAT:

• NO PRODUCTION, LIVE, CUSTOMER-FACING, OR REVENUE-GENERATING USE IS AUTHORIZED
• NO PRODUCTION, REGULATED, SENSITIVE, OR LIVE CUSTOMER DATA MAY BE PROCESSED
• NO BENCHMARKING, COMPETITIVE ANALYSIS, OR PUBLICATION OF PERFORMANCE OR COMPETITIVE COMPARISONS IS PERMITTED
• CUSTOMER IS RESPONSIBLE FOR ITS EVALUATION ENVIRONMENT, SECURITY, BACKUPS, AND RECOVERY
• GUIDED ASSISTANCE DOES NOT INCLUDE A SERVICE LEVEL, RESPONSE-TIME, MAINTENANCE, OR SUPPORT COMMITMENT
• THE SOFTWARE AND GUIDED PILOT ARE PROVIDED WITHOUT WARRANTY

BY CHECKING THE ACCEPTANCE BOX AND SUBMITTING THE PILOT REQUEST, CUSTOMER ACKNOWLEDGES THESE LIMITATIONS AND ASSUMES THE RISKS OF EVALUATION USE.

These Software Evaluation Terms and Conditions (the “Terms”) are between Aletyx, Inc., a Delaware corporation (“Aletyx”), and the individual or entity accepting these Terms (“Customer” or “you”) and govern Customer’s participation in the Aletyx 60-day guided pilot (the “Evaluation”) and use of the Aletyx software, enterprise builds, documentation, and related materials Aletyx makes available for that Evaluation (collectively, the “Software”).

1. Agreement Formation and Hierarchy

1.1 Formation. By checking the acceptance box and submitting a pilot request, Customer accepts and agrees to be bound by these Terms. If accepting on behalf of an entity, the individual accepting represents that they have authority to bind that entity.

1.2 Evaluation Agreement. These Terms, together with the Aletyx Privacy Policy, govern the Evaluation. They do not depend on and are not supplemented by the general Aletyx Terms of Use, the Aletyx General Terms, or an Order Form unless Customer and Aletyx separately execute an agreement that expressly applies to the Evaluation.

1.3 Production Agreements. The Evaluation does not grant production rights and does not automatically convert to a paid subscription. Production use requires a separate written agreement with Aletyx. If Customer later enters such an agreement, it governs the production rights it grants; these Terms continue to govern the Evaluation until it ends.

2. Evaluation License

2.1 Limited License. Subject to Customer’s compliance with these Terms, Aletyx grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable license during the Evaluation Period to install, access, and use the Software solely for Customer’s internal, non-production evaluation, including proof-of-concept work, development, testing, migration validation, and training.

2.2 Evaluation Software. Depending on the Evaluation approved by Aletyx, the Software may include enterprise builds of Drools, Kogito, jBPM, KIE Server, Decision Control, and associated documentation. Customer receives rights only to the Software Aletyx actually makes available for its Evaluation.

2.3 Authorized Users. “Authorized Users” are Customer’s employees and contractors who require access for the Evaluation, act solely for Customer’s benefit, are bound by confidentiality obligations at least as protective as these Terms, and have been informed of the Evaluation’s limitations.

2.4 License Exclusions. Customer will not: use the Software in production or for any production purpose; offer the Software or Evaluation as a service to a third party; embed it in a product distributed to third parties; sublicense, sell, rent, or transfer it; modify or create derivative works of the Software; reverse engineer, decompile, or disassemble it except to the extent applicable law does not permit that restriction; remove proprietary notices; circumvent technical restrictions; or use Software components beyond the scope Aletyx approved for the Evaluation.

3. Evaluation Period and End of Access

3.1 Evaluation Period. The Evaluation Period begins when Aletyx first provides Customer with the Software, access credentials, or other materials needed to begin the Evaluation and continues for 60 days, unless Aletyx extends it in writing.

3.2 Suspension. Aletyx may suspend or terminate the Evaluation immediately if Customer breaches these Terms, uses the Software outside the permitted scope, creates a security or legal risk, or fails to cooperate with reasonable Evaluation safeguards.

3.3 End of Evaluation. When the Evaluation Period ends or these Terms terminate, Customer must stop using and delete or destroy copies of the Aletyx-provided Software and confidential materials in its possession or control. Customer may retain its own models, rules, workflows, configurations, and data, provided that doing so does not require continued use of the Software. Obligations that by their nature should survive termination remain in effect, including Sections 5 through 12.

3.4 No Evaluation Fee. Aletyx does not charge a Software license fee for the Evaluation unless Customer and Aletyx separately agree otherwise in writing. Customer remains responsible for its own infrastructure, personnel, third-party services, and other costs.

4. Guided Assistance

4.1 Evaluation Assistance. During the Evaluation Period, Aletyx may provide onboarding, initial installation assistance, and answers to configuration questions through personnel or community resources made available for the pilot.

4.2 No Support Commitment. Evaluation assistance is provided at Aletyx’s discretion and subject to personnel availability. Aletyx makes no commitment regarding support coverage, response or resolution times, maintenance, updates, compatibility, or service levels. Evaluation assistance is not production support and does not include responsibility for Customer’s infrastructure or implementation.

5. Customer Environment and Responsibilities

5.1 Customer Environment. Customer is responsible for obtaining, configuring, operating, securing, monitoring, and maintaining the infrastructure and third-party systems used for the Evaluation. Customer is also responsible for backups, recovery, access controls, and any costs associated with its environment.

5.2 Evaluation Risk. The Software may be incomplete, contain errors, change, become unavailable, or fail to preserve data. Customer must maintain separate copies of anything it wishes to retain and must not rely on the Software or Aletyx’s assistance for business continuity, disaster recovery, or production operations.

5.3 Customer Responsibility. Customer is responsible for its Authorized Users, its Evaluation configuration and results, compliance with applicable law, and ensuring that no production, regulated, sensitive, or live customer data is used in the Evaluation.

6. Permitted and Prohibited Uses

6.1 Permitted Uses. Customer may use the Software for internal, non-production development, testing, proof-of-concept work, migration validation, training, feature evaluation, and technical assessment during the Evaluation Period.

6.2 Prohibited Uses. Customer will not use the Evaluation for production, live, customer-facing, revenue-generating, mission-critical, or high-risk operations; process data subject to HIPAA, PCI-DSS, GDPR, ITAR, or comparable regulatory requirements; conduct security testing, vulnerability scanning, or load testing without Aletyx’s prior written consent; conduct benchmarking or competitive analysis; or publish performance results or competitive comparisons.

7. Intellectual Property and Customer Materials

7.1 Aletyx Technology. Aletyx and its licensors retain all rights in the Software, enterprise builds, documentation, platform technology, updates, and improvements. No right is granted except the limited Evaluation license expressly stated in these Terms.

7.2 Customer Materials. Customer retains ownership of its pre-existing materials and the models, business rules, decision tables, workflows, configurations, and data it creates during the Evaluation (“Customer Materials”). Aletyx claims no ownership in Customer Materials.

7.3 Materials Submitted to Aletyx. If Customer chooses to provide Customer Materials to Aletyx for onboarding, configuration assistance, troubleshooting, or Evaluation feedback, Customer grants Aletyx a limited license to access, reproduce, and use those materials only as reasonably necessary to provide that assistance, operate the Evaluation relationship, secure Aletyx systems, and investigate misuse. Customer is responsible for removing sensitive or regulated data before submitting materials to Aletyx.

7.4 Feedback. Aletyx may use suggestions, comments, and feedback Customer voluntarily provides about the Software without restriction or obligation, provided that Feedback does not include Customer Materials or Customer confidential information.

7.5 Open Source Components. Open source components included with the Software remain governed by their applicable open source licenses. Nothing in these Terms limits rights granted directly under those licenses.

8. Data and Privacy

8.1 Registration and Agreement Records. Aletyx may collect registration, contact, device, security, and agreement-acceptance information associated with the Evaluation as described in the Aletyx Privacy Policy.

8.2 Customer-Controlled Environment. Customer controls the data placed in its own Evaluation environment. These Terms do not authorize Aletyx to collect Customer Materials from that environment merely because Customer uses the Software.

8.3 Information Sent to Aletyx. Information Customer sends to Aletyx through the pilot request, support communications, telemetry or diagnostic features Customer enables, or other interactions with Aletyx is handled under these Terms and the Aletyx Privacy Policy.

9. Confidentiality

Each party will protect the other’s confidential information using the same degree of care it uses for its own similar confidential information, and no less than reasonable care. A receiving party may use confidential information only to perform or receive the Evaluation and may disclose it only to personnel and contractors who need to know it and are subject to confidentiality obligations. These obligations do not apply to information that is public through no breach, already known without restriction, rightfully received from another source without restriction, or independently developed without use of the other party’s confidential information. A party may disclose information when legally required, provided it gives advance notice where legally permitted.

10. Warranty Disclaimer

THE SOFTWARE, EVALUATION, DOCUMENTATION, AND GUIDED ASSISTANCE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ALETYX DOES NOT WARRANT THAT THE SOFTWARE OR EVALUATION WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, COMPATIBLE WITH CUSTOMER’S ENVIRONMENT, OR SUITABLE FOR CUSTOMER’S PURPOSES, OR THAT DATA OR RESULTS WILL BE ACCURATE OR PRESERVED.

11. Indemnification and Limitation of Liability

11.1 Indemnification. Customer will defend, indemnify, and hold harmless Aletyx and its personnel from third-party claims arising from Customer Materials, Customer’s use of the Software outside the scope of these Terms, Customer’s Evaluation environment, or Customer’s violation of applicable law.

11.2 Excluded Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA, ARISING OUT OF OR RELATED TO THE EVALUATION.

11.3 Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALETYX’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SOFTWARE, EVALUATION, OR GUIDED ASSISTANCE WILL NOT EXCEED ONE HUNDRED US DOLLARS ($100). The limitations in this Section do not apply to liability that cannot lawfully be limited.

12. Export and Legal Compliance

Customer will comply with applicable export-control, sanctions, and import laws and will not provide controlled technical data to Aletyx or use or transfer the Software in a manner prohibited by those laws. Customer represents that it is not prohibited from receiving the Software under applicable U.S. export restrictions.

13. General Provisions

Governing Law and Venue. These Terms are governed by the laws of the State of New York, without regard to conflict-of-laws principles. Exclusive venue lies in the state or federal courts located in Wake County, North Carolina.

Assignment. Customer may not assign these Terms without Aletyx’s written consent. Aletyx may assign these Terms in connection with a merger, reorganization, sale of assets, or operation of law.

Changes. Aletyx may update these Terms for future Evaluation requests. A change does not apply retroactively to an Evaluation already in progress unless Customer affirmatively accepts it or applicable law requires otherwise.

Waiver and Severability. Failure to enforce a provision is not a waiver. If a provision is unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will continue in effect.

Entire Agreement. These Terms and the Privacy Policy are the entire agreement regarding the Evaluation unless Customer and Aletyx execute a separate written agreement that expressly applies to it.

Notices. Legal Department, Aletyx, Inc., 2500 Regency Parkway, Cary, NC 27518, [email protected].

FINAL ACKNOWLEDGMENT

BY ACCEPTING THESE TERMS, CUSTOMER ACKNOWLEDGES THAT THE SOFTWARE AND GUIDED PILOT ARE LIMITED TO A 60-DAY INTERNAL, NON-PRODUCTION EVALUATION AND MAY NOT BE USED FOR PRODUCTION, BENCHMARKING, COMPETITIVE ANALYSIS, OR PUBLISHED PERFORMANCE OR COMPETITIVE COMPARISONS.

Last modified: August 19, 2026