Daisy Instrument Firmware End User License Agreement

1. Proprietary notice

Copyright (c) 2026 Scalables, LLC. All rights reserved.

The Daisy instrument firmware, including its bootloader, is proprietary, closed-source software owned by Scalables, LLC. Except for the third-party components listed in THIRD-PARTY-NOTICES.md, Scalables owns or has the necessary rights to license its proprietary firmware code. No license to Scalables' proprietary firmware source code is granted. Use of the firmware binary installed on a Scalables instrument is governed by the End User License Agreement (Section 2).

2. End User License Agreement

This End User License Agreement ("EULA") is between Scalables, LLC ("Scalables") and the person or organization operating a Scalables Daisy instrument ("you"). By accepting this EULA in the instrument purchase terms or by affirmative acceptance during instrument setup or an update, you agree to it for use of the firmware installed on a Daisy instrument, including its bootloader (the "Firmware"). An organization may authorize its personnel to use the Firmware under its accepted EULA. If you do not accept it, do not use or update the Firmware; your remedies for the instrument itself are governed by its terms of sale.

1. License. Scalables grants you a non-exclusive, perpetual, non-transferable license to use the Firmware in binary form, solely as installed on the Scalables instrument for which it was provided, and to receive and install Firmware updates that Scalables makes available for that instrument. The Firmware is licensed, not sold. This EULA governs every such update. The only permitted transfer is together with the instrument: if you sell or give the instrument to someone else, they take your place under this EULA and your license ends.

2. Revisions. Scalables may revise this EULA from time to time. Updates under the EULA you last accepted do not require renewed acceptance. If Scalables materially changes this EULA, the revised terms will be presented for your affirmative acceptance before an update subject to those terms is installed; installation alone is not acceptance. If you decline, your installed Firmware and last accepted EULA continue to govern. Declining a revision does not prevent you from receiving security updates under your existing terms.

3. Security updates. Scalables provides security updates for the Firmware free of charge during the support period stated for your instrument at purchase (the "support period"). You decide when to install updates. Report suspected security vulnerabilities in the Firmware to [email protected], where Scalables' coordinated vulnerability disclosure policy is also available.

4. Restrictions. Except as expressly permitted here or by law that cannot be contracted around, you may not: (a) copy, distribute, sublicense, rent, or provide the Firmware to any third party, except as part of transferring the instrument under clause 1; (b) modify, translate, or create derivative works of the Firmware; (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Firmware; (d) read out, extract, erase, replace, or overwrite the Firmware, except by installing Firmware updates Scalables provides for the instrument or performing maintenance expressly authorized by Scalables, or install any other software on the instrument; (e) circumvent, disable, tamper with, or interfere with any security or protection measure of the Firmware or the instrument, or gain unauthorized access to them; or (f) remove or alter proprietary notices. Doing any of these breaches this EULA, may make the instrument unsafe, and may also violate laws that protect software and technical protection measures. To the extent permitted by applicable law and the instrument terms of sale, it also voids the warranty for that instrument.

5. Carve-outs. Nothing in this EULA limits any right you have under the third-party licenses listed in THIRD-PARTY-NOTICES.md.

6. Ownership and confidentiality. The Firmware and all intellectual property in it remain the exclusive property of Scalables and its licensors. Scalables' proprietary firmware source code is not licensed or provided under this EULA. Nonpublic firmware implementation details and nonpublic protocol information disclosed by Scalables under an obligation of confidentiality remain Scalables confidential information. This clause does not restrict use of documented command interfaces or APIs, development of independent applications to control Daisy instruments, or rights preserved by applicable law or clause 5.

7. Safety. The instruments handle fluids, gases, and motion under software control. Operate them per Scalables' documentation; do not rely on the Firmware as the sole safeguard against hazardous conditions; installing firmware not provided by Scalables for the specific instrument model may create hazards and, to the extent permitted by applicable law and the instrument terms of sale, voids the warranty for that instrument.

8. Warranty disclaimer. Firmware warranty, if any, is stated in the terms of sale of the instrument. OTHERWISE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FIRMWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND SCALABLES DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9. Limitation of liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCALABLES IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF DATA, SAMPLES, PROFITS, OR PRODUCTION, ARISING FROM THE FIRMWARE, AND SCALABLES' TOTAL LIABILITY ARISING FROM THE FIRMWARE SHALL NOT EXCEED THE AMOUNT PAID FOR THE INSTRUMENT ON WHICH IT IS INSTALLED. Nothing here excludes or limits liability to the extent it cannot lawfully be excluded or limited, including applicable personal-injury or defective-product liability.

10. Termination. Scalables may terminate this EULA if you materially breach it and do not fix the breach within thirty (30) days after Scalables notifies you, or immediately for a breach that cannot reasonably be fixed or that presents a material security or safety risk. On termination you must stop using the Firmware; clauses 6, 8, 9, and 12 survive.

11. Transfer and cessation. Your license does not end if Scalables ceases operations or transfers its business. Scalables may assign this EULA to a lawful successor that assumes its applicable rights and obligations. After a valid transfer, Scalables is not responsible for the successor's subsequent acts, except as required by law; no transfer releases liabilities that cannot lawfully be excluded or liabilities accrued before transfer.

12. General. This EULA governs the Firmware, except where a separately signed agreement between Scalables and the customer expressly provides otherwise; separate terms govern other Scalables software and services. If a provision is unenforceable, the remainder stands. This EULA is governed by the laws of the State of Connecticut, USA, excluding its conflict-of-law rules; the United Nations Convention on Contracts for the International Sale of Goods does not apply. Exclusive venue for disputes is the state and federal courts located in Connecticut. You must comply with applicable export-control laws.

13. Contact. Legal questions: [email protected]. Security vulnerabilities: [email protected].