End User License Agreement

2. Background

1. You or your organisation have entered into a Client Agreement with Emesent (or the Emesent Reseller, if applicable) for the use and licence of the Software owned or licensed by us.
2. In consideration for payment under the Client Agreement, we will grant you the right to access and use the Software on the terms set out in the Client Agreement and this EULA. Subject to any other restrictions agreed separately between you and Emesent (or the Emesent Reseller, if applicable) or as set out in this EULA, the Software may be suitable for use:
   1. on Products supplied by us; or
   2. on any compatible devices you own or use.
3. By installing, downloading and/or using the Software by any means, you agree to this EULA and you enter into a legally binding agreement with us. It is important that you carefully read this EULA.
4. By installing, downloading and/or using the Software, you acknowledge that you have read and understood this EULA and that you have the authority to enter into a legal agreement with us on your own behalf and on behalf of any person you may authorise to use the Software.
5. If you do not accept this EULA, as amended from time to time, you must not access and/or use the Software and must delete the Software from any device you own or use.

2. Eligibility

2.1 Program may only be purchased directly from Emesent or an authorised Emesent reseller (Authorised Reseller) either:

1. at the time of original purchase of an Eligible Product,
2. during the original 12 month warranty period of an Eligible Product, or
3. within 30 days of the repair of an Eligible Product.

2.2 At the time of purchase of the Program, the serial number of the Eligible Product must be nominated by You, and confirmed by Emesent or the Authorised Reseller in writing (Enrolled Product).

2.3 Program benefits are limited to the Enrolled Product.

2.4 Program, and all Program benefits, do not apply to any additional or replacement Hovermap units or other products acquired by You outside the scope of the Program, unless separately enrolled in compliance with the Assure Program Terms.

3. Swap Conditions

3.1 Subject to payment by You of all amounts owed to Us under the Program, and compliance with the Assure Program Terms and Standard Terms, You may request to swap a Enrolled Product that is damaged, within the scope of these Assure Program Terms (Damaged Enrolled Product), for a replacement unit of the same model only (Swap Request).

3.2 You acknowledge and agree that a Swap Request under clause 3.1 is conditional on:

1. You accurately logging an incident with Emesent’s Customer Support team prior to the Swap Request;
2. You providing supporting incident data from the Damaged Enrolled Product and, where applicable, any related equipment (drone, controller, tablet), including all materials requested by Emesent or the Authorised Reseller; and
3. Emesent verifying the incident through supplied data.

3.3 You may select from different Assure Program plans at the time of purchase that include limits on the total number of Swap Requests in a period. These limits will be detailed in the Assure Program plan documentation you select at the time of placing your order.

3.4 Swap request is counted per claim, not per product type. For example if both a Hovermap and a Drone are damaged in separate incidents, each incident constitutes a separate Swap Request, even if covered under the same Program plan.

3.5 A “claim” under the Program refers to a verified incident involving an Enrolled Product that results in a Swap Request. Each claim is treated independently, regardless of whether the affected product is a Hovermap or Drone. Accessories are not considered separate products for the purpose of claim counting.

3.6 A Swap Request under the Program will not be considered valid and complete unless and until it is confirmed by Emesent in writing.

3.7 Emesent may, in its absolute discretion exercised reasonably, decline any Swap Request that is not supported by valid data and supporting documentation under clause 3.2.

3.8 Loss, theft, or intentional misuse of the Enrolled Product is expressly excluded from the Program.

3.9 The replacement product provided by Emesent under the Program (Replacement Product):

1. may be refurbished units
2. will meet Emesent’s quality standards and performance criteria

3.10 The Replacement Product will assume the remaining warranty period applicable to the original, purchased Damaged Enrolled Product. For avoidance of doubt, the Replacement Product will not be entitled to a full, new Warranty Period.

3.11 Each Swap Event requires the return of the Damaged Enrolled Product to Emesent prior to shipment of the Replacement Product. Any Damaged Enrolled Products not returned as part of the initial shipment or shipped to Emesent within 5 business days is subject to a charge to the value of that equipment.

3.12 Swapped units will generate new serial numbers, and You are responsible for updating Your records, insurance, and asset registers.

4. Program Scope and Limitations

4.1 The Program is limited to reasonable use in accordance with all standards, instructions and usage guidance. Excessive or abnormal usage patterns may result in Program review, suspension, or termination at Emesent’s discretion.

4.2 Swap Requests are limited to the quantity of swaps purchased under Your Program plan.

4.3 Any equipment shipped to Emesent for which the Program does not apply will be returned at Your expense.

4.4 Returned units become the property of Emesent upon receipt. Emesent may repair and refurbish returned units for redeployment within the Program.

5. Shipping, Handling and Logistics

5.1 Program pricing includes return freight costs for the shipment of the Damaged Enrolled Product to Emesent and shipment of replacement units to You.

5.2 Notwithstanding clause 5.1, You will be responsible for all import and/or export duties, taxes, or customs charges relating to the swap and transfer of the units.

5.3 Subject to full cooperation by You with any request from Emesent, Emesent will endeavour to:

1. coordinate collection of the Damaged Enrolled Product within 3 business days of confirming the Swap Request in writing.
2. dispatch the Replacement Product within 2 business days of receiving the tracking confirmation for the return shipment.

5.4 If additional equipment is required to be provided or affixed by Emesent:

1. You must include the equipment in the shipment of the Damaged Enrolled Product, and if You fail to include it then You will be solely responsible for coordination and costs of shipping that equipment to Emesent.
2. Emesent reserves the right to adjust pricing and turnaround times.

6. Termination of Participation

6.1 Your Program participation will terminate immediately if:

1. Your subscription expires,
2. We terminate your enrollment for any reason, or
3. You opt out of the Program.

7. Program Changes

7.1 Emesent reserves the right to update, amend or modify Program terms, fees, eligibility criteria, or scope at any time.

7.2 Any changes will be communicated to You in writing or by notice on Emesent’s website.

8. Liability Disclaimer

8.1 To the maximum extent permitted by law, Emesent is not liable for any downtime, lost revenue, or Consequential Loss associated with the Program.

9. Governing Law

9.1 These Assure Program Terms are governed by the laws of Queensland, Australia. Subject to the Standard Terms, each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

10. Definitions

10.1 All capitalised terms not defined in these Assure Program Terms have the meaning given to them in the Standard Terms.

For any questions or notices, please contact us at:

Emesent Pty Ltd ABN 95 626 502 350

Email: client.success@emesent.com

Last update: October 2025