Terms of service

RADIATION DETECTION COMPANY

TERMS AND CONDITIONS OF LEASE

Last Updated: [5/16/2024]

This Terms and Conditions of Lease (these “Terms”) governs lease and use of RDC’s Goods and related Services by and between Radiation Detection Company (“RDC”) and the entity or person agreeing to these Terms (“Customer” or “you”, and together with RDC, the “Parties,” and each, a “Party”). All capitalized terms used in these Terms shall have the meanings stated in the Order Form or Online Checkout Form, as applicable, by and between the Parties (each, an “Order Form”), unless stated otherwise herein.

These Terms are effective when Customer clicks to accept them (the “Effective Date”). If you are accepting on behalf of Customer, you represent and warrant that (i) you have full legal authority to bind Customer to these Terms; (ii) you have read and understand these Terms; and (iii) you agree, on behalf of Customer, to these Terms.

LEASE OF GOODS

(a) RDC shall lease to Customer and Customer shall exclusively lease from RDC the goods set forth in the Order Form (the “Goods”) in the quantities and at the Prices (as defined below) and upon the terms and conditions set forth in these Terms. The Goods shall at all times be the sole and exclusive property of RDC and Customer shall not have any rights or property interest therein. Upon expiration or termination of these Terms for any reason, Customer shall promptly return, at Customer’s sole expense, the Goods to RDC. If the Goods are not postmarked to RDC within thirty (30) days of the expiration or termination of these Terms, RDC reserves the right to (i) charge a late fee in additional to exercising any other right available at law, equity, or otherwise and (ii) charge a fee for any lost or damaged Goods.

(b) Only Customer and its End Users (as defined below) are entitled to access the Services. The Services may include the option for Customer to appoint certain End Users as an administrator(s). The administrator(s) and only the administrator(s) shall have the right and ability to manage individual End Users and Goods within Customer’s account, access real-time account details, manage Goods assignments, access dose reports, and manage account information. Other types of End Users may be granted access within Customer’s account to view information related to other individual End Users and Goods as approved by the administrator(s).

INTELLECTUAL PROPERTY

(a) “Services” shall mean any and all of the services, software and other offerings provided by RDC pursuant to these Terms and in connection with the Goods, including the related services located at https://netdose-ui.netdoseconnect.com/ any mobile applications provided by RDC, and any domain and subdomains, including hosted services and web interfaces (together with the Goods, the “Offerings”). During the term of these Terms and subject to Customer’s, and its employees, administrators, contractors, or other third parties authorized to use the Offerings (collectively, “End User(s)”), compliance with the terms and conditions of these Terms, RDC hereby grants Customer a limited, non-exclusive, non-sublicensable, non-transferable, revocable right to access and use the Services and any report generated from Customer’s use of the Services.

(b) Customer will not, and will not permit any third party to: (i) incorporate the Offerings into any Customer products or services or resell the Offerings; (ii) use or reference the Offerings or RDC’s Confidential Information (as defined below) to develop a similar or competing product or service; (iii) reverse engineer, decompile, disassemble or seek to access the source code or non-public APIs to the Offerings, as applicable; (iv) modify or create derivative works of the Offerings; or (v) copy any element of the Offerings.

CHANGES AND CANCELLATIONS

(a) All fees, charges and sales are final. Customer may reschedule or cancel purchase orders for the lease of standard Goods (but not for Services) upon 30 days written notice; provided, however, that RDC has not begun manufacturing the Goods. Once the Goods have been manufactured, the order is non-refundable.

(b) RDC may, from time to time in its sole discretion: (i) discontinue or limit its production of any Good; (ii) allocate, terminate, or limit deliveries of any Good in time of shortage; and (iii) modify the design of, specifications for, or construction of any Good, provided the modification has materially equivalent form, fit and function.

(c) Customer may order additional Goods at any time, subject to RDC’s acceptance. If additional Goods are ordered prior to the end of the then-current term, Customer shall pay a prorated fee for the remainer of the term. Upon

subscription renewal, the total price shall be calculated based on all Goods, including additional Goods, ordered prior to the applicable subscription period renewal.

(d) Any subscription will automatically renew until canceled. If Customer cancels its subscription, the subscription will remain active for the remainder of the term for which Customer paid regardless of whether Customer returns any Goods prior to the end of the term. Customer will not be entitled to any refund for early return of any Goods.

CONFIDENTIAL INFORMATION

All non-public, confidential or proprietary information of RDC, including, but not limited to, specifications, samples, patterns, algorithms, source code, designs, plans, drawings, documents, data, business operations, customer lists, pricing, discounts or rebates, disclosed by RDC to Customer, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as “confidential,” in connection with these Terms is confidential (“Confidential Information”), solely for the use of performing these Terms and may not be disclosed or copied unless authorized by RDC in writing. Upon RDC’s request, Customer shall promptly return or destroy all Confidential Information and all documents and other materials received from RDC, including the Goods. If Customer does not return or destroy the Goods, RDC reserves the right to change a standard fee for each Good. RDC shall be entitled to injunctive relief for any violation of this Section. This Section shall not apply to information that is: (a) in the public domain through no fault of Customer or any End User; (b) known to the Customer at the time of disclosure; or (c) rightfully obtained by the Customer on a non-confidential basis from a third party authorized to make such disclosure.

WARRANTY

(a) RDC warrants to Customer that each Good, as delivered, will be free from defects in materials and workmanship for a period of ninety (90) days from the date such Good is delivered to Customer (“Warranty Period”). RDC’s sole liability and Customer’s exclusive remedy for Goods that fail to conform to this RDC limited product warranty (“Nonconforming Goods”) is limited to repair or replacement of such Nonconforming Goods, at RDC’s sole option and election. The warranty for the repaired or replaced Good is limited to the scope and duration of the original Warranty Period for the Nonconforming Goods. This warranty is contingent upon proper use of the Good in the application for which it was intended and does not apply to any Good that is subjected to unusual physical or electrical stress, misuse, neglect, improper testing or storage, or unauthorized repair.

(b) The above warranty is for Customer’s benefit only and is non-transferable. OTHER THAN AS EXPRESSLY SET FORTH IN SECTION (a) ABOVE, RDC MAKES NO WARRANTIES, EXPRESS, STATUTORY, IMPLIED, OR OTHERWISE, INCLUDING WITH RESPECT TO ANY THIRD-PARTY SERVICES OR THE OFFERINGS. RDC SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES AND CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

(c) Customer shall indemnify, defend and hold harmless RDC for any costs, expenses, damages, or other losses arising out of (i) any warranty greater in scope or duration than that set forth in subsection (a) above; (ii) failure to disclaim implied warranties and limit remedies and liabilities, by and on behalf of RDC; or (iii) any breach of these Terms.

AUTHORIZATIONS AND DATA WARRANTIES

Customer hereby understands and agrees that Customer must obtain all authorizations and releases of information from End Users required by any Health Care Privacy Law(s): (i) in connection with the monitoring of End Users; (ii) to authorize RDC to collect, process, host and transmit End User information in connection with its provision of the Services; and (iii) in connection with any other use of the Offerings by Customer or End Users, including without limitation, any other collection, processing or transmission of End User information in connection with the generation of reports. Customer further represents and warrants that Customer will obtain all necessary consents to allow RDC to process, share, transfer, and otherwise use End User personal information as set forth in its Privacy Policy, available at [NETDOSE PRIVACY POLICY URL].

LIMITATION OF LIABILITY

(a) RDC’S LIABILITY TO CUSTOMER AND END USER ARISING OUT OF OR RELATING TO ANY THE OFFERNGS SHALL NOT EXCEED THE AGGREGATE AMOUNTS PAID BY CUSTOMER TO RDC FOR

SUCH OFFERINGS. IN NO EVENT WILL RDC BE LIABLE FOR LOST USE, PROFITS, REVENUE, COST OF PROCUREMENT OF SUBSTITUTE GOODS, OR ANY OTHER SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIAIBLTY. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER RDC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

GENERAL

(a) RDC will be excused from any obligation to the extent performance thereof is rendered impossible by acts of God, fire, flood, riots, material shortages, strikes, governmental acts, disasters, earthquakes, inability to obtain labor or materials through its regular sources, or any other reason beyond the reasonable control of RDC.

(b) None of the Offerings or underlying information or technology may be exported or reexported, directly or indirectly, contrary to US law or US Government export controls.

(c) RDC may deliver notice to Customer under these Terms by means of electronic mail, a general notice through the Services, or by written communication delivered by first class U.S. mail to Customer’s address on record in Customer’s RDC account information. Customers may give notice to RDC at any time via electronic mail at digitalsupport@radetco.com. For any other inquiries, Customer may contact RDC at either digitalsupport@radetco.com or 512-377-9289.

(d) THESE TERMS ARE GOVERNED BY THE LAWS OF THE STATE OF TEXAS WITHOUT REFERENCE TO CONFLICT OF LAW PRINCIPLES. The federal and state courts within Travis County, Texas, will have exclusive jurisdiction to adjudicate any dispute arising out of these Terms.