CROWS NEST™ TERMS OF USE AGREEMENT

Last Updated November 9, 2023

This Terms Of Use Agreement (“Agreement”) is effective as of the date the Crows Nest mobile
application (the “App”) is downloaded by or on behalf of You (defined below) and is between
Corbeau IP Holdings, LLC (“Corbeau”) and the company authorized by Corbeau to access and
use the App (“You” and includes references such as “Your” or “Yours” or “Yourself”). The App
is not available for individual or consumer use.

1. Acceptance of Terms and Changes to Terms
1.1 By accessing and using the App, You agree, on behalf of Yourself and associated persons to
which You grant access to the App (each, a “User”), to be bound by the terms of this Agreement
which constitutes a binding legal agreement between You and Corbeau. In addition to the terms
of this Agreement, a condition of access to and use of the App is that You agree to the Corbeau
Acceptable Use Policy, which is located online at https://thecrowsnestapp.com/ and which is a
part of this Agreement and applicable to Your activities while using the App. You are
responsible for the acts and omissions of Your Users in connection with access to and use of the App.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT (INCLUDING THE ACCEPTABLE USE
POLICY), YOU (AND ANY USER) MUST NOT FURTHER ACCESS OR USE THE
APP.

1.2 Corbeau may revise and update the terms of this Agreement from time to time in its sole
discretion. All changes are effective immediately when updated on the
https://thecrowsnestapp.com/ (the “App Website”) and apply to use of the App thereafter. You
are expected to regularly check the App Website so You are aware of any changes, as the terms
are binding on You. Your continued access to and use of the App thereafter shall constitute
acceptance of the revised or updated terms of this Agreement.

2. App Access and Usage

2.1 This Section 2.1 is applicable only to a company and its Users that have no definitive
purchase agreement with Corbeau. The App is provided for a period of thirty (30) days from the
date Corbeau authorizes You to access and use the App. The purpose of the App is solely to
demonstrate a technology solution available for purchase by commercial entities. The App is not
available to individuals for personal or consumer use. You agree not to attempt to introduce any
personally identifiable information, production data or other sensitive data with the App. The
solution available for purchase from Corbeau is separate from the App and subject to terms of a
separate agreement.

2.2 By downloading the App, You consent to receive communications from Corbeau except to
the extent you unsubscribe to such communications. All information Corbeau collects in
connection with the App is subject to the Corbeau Privacy Policy at Privacy Policy | The Crows
Nest™ App (thecrowsnestapp.com). By accessing and using the App, You consent to all actions
taken by Corbeau with respect to Your information, in compliance with the Corbeau Privacy
Policy, to the extent applicable.

2.3 Any communication from Corbeau regarding the App will be sent to the contact information
provided by You. If communications from Corbeau are transmitted to a mobile or similar device,
third-party data rates could apply.

3. Use and Restrictions

3.1 Use of the App is conditioned on compliance with the terms herein and all applicable laws
and regulations and compliance with the Corbeau Acceptable Use Policy. If You do not agree
with the Corbeau Acceptable Use Policy, You will not be granted access to the App.

3.2 You shall not use the App for any purpose beyond the scope of access and use described
herein and do not have the right to assign the App. Any attempt to assign the App is void. You
shall not at any time, directly or indirectly, (i) copy, modify, or create derivative works of the
App in whole or in part; (ii) rent, lease, lend, sell, share, license, sublicense, assign, distribute,
publish, transfer, or otherwise make available the App including, without limitation, login
credentials; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to
derive or gain access to any software component of the App, in whole or in part; (iv) remove any
proprietary marks from the App or use any Corbeau proprietary marks without prior written
approval; (v) use the App in any manner or for any purpose that infringes, misappropriates, or
otherwise violates any intellectual property right or other right of any person, or that violates any
applicable law; or (vi) use the App for the purpose of competing with Corbeau or gathering
information for a competitor or potential competitor of Corbeau.

3.3 You agree to promptly provide written notice to Corbeau of any unauthorized access to or
use of the App, including all details known to You. Your obligation under this subsection shall
be ongoing as additional details become available. You further agree to cooperate with Corbeau
in an investigation of such an event and to use Your best efforts to mitigate or stop the
unauthorized activity.

3.4 Corbeau reserves all rights not expressly granted to You in this Agreement. Except for the
limited access and usage rights expressly granted under this Agreement, nothing in this
Agreement grants, by implication, waiver, estoppel, or otherwise, any intellectual property rights
or other right, title, or interest in or to intellectual property owned or licensed by Corbeau. Your
suggestions and ideas for improvement, further development or enhancement of, or other
comments relating to or in connection with the App, whether oral
or written are and will be owned by Corbeau without any further action on the part of either party
and with no obligation of compensation to You.

3.5 Your right to access and use the App may be suspended or terminated, in whole or in part, for
failure to comply with the terms of this Agreement including, without limitation, the Acceptable
Use Policy, the terms of which are incorporated herein. Corbeau is not liable for any damage,
liabilities, losses or any other consequences incurred as a result of such suspension or
termination.

4. Disclaimers

4.1 Any links contained in the App to resources or sites provided by third parties are provided for
Your convenience. Your access to and use of any such resources or sites is at Your own risk and
You may be subject to additional terms and obligations by the third parties. Corbeau has no
control over such third parties, resources or sites and shall not be liable for any loss, damage or
other consequence that may arise from Your use of them.

4.2 ACCESS TO AND USE OF THE APP IS AT YOUR OWN RISK AND PROVIDED ON
AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY EXPRESS OR IMPLIED
WARRANTIES OR REPRESENTATIONS. WITHOUT LIMITING THE FOREGOING,
CORBEAU MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE
COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR
AVAILABILITY OF THE APP, THAT DEFECTS WILL BE CORRECTED OR THAT THE
APP WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CORBEAU
HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE OR FITNESS
FOR A PARTICULAR PURPOSE. CORBEAU ALSO DISCLAIMS ANY EXPRESS OR
IMPLIED WARRANTY BASED ON COURSE OF PERFORMANCE, COURSE OF
DEALING OR USAGE OF TRADE.

4.3 TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF SUCH
DAMAGES COULD HAVE BEEN FORESEEN OR IF CORBEAU HAS BEEN
APPRAISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF
WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY, BREACH OF ANY STATUTORY DUTY OR OTHERWISE, IN
NO EVENT WILL CORBEAU BE LIABLE HEREUNDER FOR DAMAGES OF ANY
NATURE WHATSOEVER. NOTWITHSTANDING THE FOREGOING, THIS SUBSECTION
IS NOT INTENDED TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED
UNDER APPLICABLE LAW.

4.4 USE OF THE APP DOES NOT SUBSTITUTE FOR, OR CONSTITUTE, BUSINESS OR
PROFESSIONAL ADVICE. YOU ARE RESPONSIBLE TO EXERCISE YOUR
OWN JUDGMENT IN BUSINESS DECISIONS AND ARE RESPONSIBLE FOR
OUTCOMES AS A RESULT OF, OR ASSOCIATED WITH, USE OF THE APP.

4.5 You shall (i) hold harmless and defend Corbeau against any third-party claim that Your use
of the App infringes or violates a patent, copyright or rights of a third party and (ii) pay the
resulting costs and damages finally awarded against Corbeau by a court of competent jurisdiction
or the amounts stated in a written settlement signed by You. Notwithstanding the previous
sentence, You shall not agree to a settlement of any such claim without
Corbeau’s prior written approval unless the settlement does not implicate Corbeau or allocate
wrongdoing to Corbeau.

5. Miscellaneous

5.1 This Agreement shall be governed by and construed in accordance with the internal laws of
the state of Oklahoma, without reference to conflict of law principles. Any dispute relating to the
App shall be submitted to binding and final arbitration by a single arbitrator selected by the
American Arbitration Association. Nothing in this section shall restrict a party’s right to seek
injunction or other equitable relief in any court of competent jurisdiction prior to initiating
arbitration. Sole and exclusive jurisdiction for any such dispute shall be in state or federal courts
located in Oklahoma County, Oklahoma. You agree that You will not consolidate or seek class
treatment for any dispute relating to the App.

5.2 ANY CLAIM OR CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO
THIS AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE
CLAIM OR CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CLAIM OF
CAUSE OF ACTION IS PERMANENTLY BARRED. YOU AGREE TO WAIVE YOUR
RIGHT TO A JURY TRIAL AND AGREE NOT TO ENGAGE IN A CLASS ACTION SUIT
AGAINST CORBEAU.

5.3 Failure or delay by Corbeau at any time to enforce a provision of, or exercise a right under,
this Agreement shall not be construed as a waiver of any such provision. Such failure or delay to
enforce or exercise shall not affect the validity of this Agreement, or any part thereof, or the right
of Corbeau to enforce any provision of, or exercise any right under, this Agreement at any time
in accordance with its terms. Likewise, a waiver of a breach of any provision of this Agreement
shall not affect or waive a subsequent breach of the same provision or a breach of any other
provision in this Agreement.

5.4 If any provision of this Agreement, or the application of any term or condition to any party or
circumstances, is held invalid or unenforceable for any reason, the remaining provisions shall
continue to be valid and enforceable and the application of such provision to other parties or
circumstances shall remain valid and in full force and effect. If a court finds that any provision of
this Agreement is invalid or unenforceable, but that by limiting such provision it would become
valid and enforceable, then such provision shall be deemed to be written, construed, and
enforced as so limited.

5.5 Nothing contained in this Agreement shall be deemed or construed as creating a joint
venture, partnership, agency, employment or fiduciary relationship between the parties and
neither party shall have authority to bind the other party in any manner whatsoever. Except as set
forth below in Section 6, there are no third-party beneficiaries of this Agreement.

5.6 The headings used in this Agreement are for convenience only and do not constitute terms of
this Agreement. This Agreement is the entire agreement between You and Corbeau and
supersedes any prior or contemporaneous oral or written agreements, conversations, information
or representations. Rights and obligations which by their nature should survive remain in effect
after expiration or termination of this Agreement.

6. Notice Regarding Apple

This Section 6 only applies to the extent You are using the Crows Nest mobile application on an
iOS device. You acknowledge that this Agreement is between you and Corbeau only, not with
Apple, Inc. (“Apple”), and Apple is not responsible for the App or the content thereof. Apple has
no obligation to furnish any maintenance and support services with respect to the App. If the
App fails to conform to any applicable warranty, You may notify Apple and Apple may refund
any applicable purchase price for the mobile application to You and, to the maximum extent
permitted by applicable law, Apple has no other warranty obligation with respect to the App.
Apple is not responsible for addressing any claims by You or any third party relating to the App
or Your possession and/or use of the App including (a) product liability claims; (b) any claim
that the Apps fails to conform to any applicable legal or regulatory requirement; or (c) claims
arising under consumer protection or similar legislation. Apple is not responsible for the
investigation, defense, settlement and discharge of any third-party claim that the App and/or
Your possession and use of the App infringe a third party’s intellectual property right. You agree
to comply with any applicable third party terms when using the App. Apple and Apple’s
subsidiaries are third party beneficiaries of this Agreement and upon Your acceptance of the
terms of this Agreement, Apple will have the right (and will be deemed to have accepted the
right) to enforce the terms of this Agreement against You as a third party beneficiary of these
terms. You hereby represent and warrant that (ii) You are not located in a country that is subject
to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist
supporting” country and (ii) You are not listed on any U.S. government list of prohibited or
restricted parties.

CONTACT INFORMATION

If you have questions about this Terms of Use Policy, need to access it in a different format, or
have questions about any activity regarding your Personal Information, feel free to contact us at:
legalnotice@corbeautech.com or at the following address:

Corbeau Tech, LLC
Attn: Legal Department
101 Park Avenue, Suite 290
Oklahoma City, OK 73102