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Software License Terms

Effective date: 1 September 2026

These APS Software License Terms and Conditions (the Terms) form a legally binding agreement between Dragos Pora, trading as pacifictones (APS, we, us, or our), and the business or professional customer that downloads, installs, activates, purchases, accesses, or uses the Product (Customer or you).

The Product is intended exclusively for business and professional use. It is not offered to consumers.

By checking the acceptance box, submitting an Order, activating a licence, installing the Product, or using the Product, you confirm that you have read and accepted these Terms and that you have authority to bind the Customer. If you do not agree, do not install, activate, or use the Product.

1 Definitions

ADB means Android Debug Bridge and related platform tools used to communicate with Android devices.

APSBridge means the optional Android companion application used by the Product for additional device information and supported managed-device operations.

Authorised Computer means a computer on which the Customer is permitted to activate and use the Product under the applicable Order.

Documentation means the user manuals, compatibility information, release notes, technical instructions, and other materials that we publish for the Product.

Device means an Android device connected to or managed through the Product.

Device Owner means Android's fully managed device role assigned to an eligible device policy controller.

Order means the checkout record, quotation, order form, invoice, licence plan, or other purchasing document accepted by the Customer and APS.

Product means the Android Provisioning Studio desktop software, including the APSBridge companion where supplied, together with updates and Documentation that we make available under the applicable licence.

Profile means a saved, ordered set of actions that the Product can execute on one or more selected Devices.

Support Period means the period during which we provide the security support and other support stated in the Order, on the Product page, or in the Documentation.

Third-Party Components means software, services, operating systems, firmware, drivers, hardware, networks, applications, or tools not controlled by APS, including Android, ADB, original equipment manufacturer firmware, USB drivers, and applications supplied by the Customer.

2 Business use and authority

2.1 The Product is licensed only to entrepreneurs, companies, public bodies, and persons acting for professional purposes. You represent that you are not acquiring or using the Product as a consumer.

2.2 You represent that the person accepting these Terms is authorised to act for the Customer.

2.3 You must own each Device or have documented authority from its owner to inspect, configure, manage, reset, wipe, or otherwise operate it. You must also have all rights required to install applications, certificates, configuration files, and other content used through the Product.

2.4 You are responsible for complying with employment, privacy, communications, cybersecurity, export-control, and device-management laws that apply to your use. APS does not determine whether a particular Device, command, Profile, application, policy, or deployment is lawful for your organisation.

3 Licence grant

3.1 Subject to these Terms, payment of applicable fees, and the scope stated in the Order, APS grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable licence to install and use the Product for the Customer's internal business purposes during the licence term.

3.2 The Order determines the permitted number of users, Authorised Computers, activations, Devices, legal entities, and any other licence limits. The Customer must not exceed those limits or share a licence key outside the licensed organisation.

3.3 If an Order describes a licence as perpetual, perpetual refers only to the right to use the version lawfully obtained under that Order, subject to these Terms. It does not mean perpetual support, maintenance, updates, upgrades, compatibility with future operating systems or Devices, or continued availability of third-party systems.

3.4 We may use activation controls to enforce the licence scope. You must not bypass, disable, manipulate, or interfere with those controls.

3.5 No right is granted to resell, rent, lease, sublicense, time-share, provide the Product as a managed service, operate it for third parties, or make it available to affiliates unless the Order expressly permits that use.

4 Trial licence

4.1 Unless the Product page states otherwise, the trial licence lasts fourteen days and may be used with no more than three Devices.

4.2 The trial is provided solely for internal evaluation. It may contain functional, volume, support, or activation limits and may stop operating when the trial period ends.

4.3 To the maximum extent permitted by law, the trial is provided as is and as available, without warranties, service commitments, or liability other than liability that cannot lawfully be excluded.

4.4 The purpose of the trial is to allow the Customer to assess the Product in its own environment. Before purchasing or deploying to a fleet, the Customer must test all material workflows on representative Devices as described in Section 10.

5 Restrictions

The Customer must not, and must not permit another person to:

a. copy the Product except for a reasonable backup copy or as permitted by mandatory law;

b. modify, translate, adapt, create derivative works from, reverse engineer, decompile, or disassemble the Product, except to the limited extent that mandatory law expressly permits the activity despite this restriction;

c. remove or alter copyright, trademark, attribution, licence, safety, or proprietary notices;

d. bypass technical restrictions, activation limits, confirmations, warnings, or security controls;

e. use the Product to access or operate Devices without authority;

f. use the Product to distribute malware, unlawfully intercept information, evade security controls, or violate third-party rights;

g. publish benchmark results that disclose confidential or non-public Product information without our prior written consent; or

h. use the Product in a manner that creates an unreasonable security risk or violates the Documentation.

6 Product scope

6.1 APS is a local-first desktop tool for inspecting and operating supported Android Devices through ADB, creating reusable Profiles, executing supported actions on selected Devices, retaining deployment records, managing Product workspace files, and applying supported managed-device policies through APSBridge where the required Device Owner status is active.

6.2 APS is not a cloud enterprise mobility management service. Unless expressly stated in an Order or Documentation for a future feature, APS does not assign Devices in Google Zero-touch, Samsung Knox Mobile Enrollment, an EMM platform, or Android Management API, and it does not guarantee fleet compliance.

6.3 Product descriptions, action catalogues, and compatibility labels describe intended capabilities. They do not guarantee that every action is available or effective on every Device.

6.4 Features described as planned, preview, beta, experimental, or advisory are not part of the Product's warranted functionality unless the Order expressly states otherwise.

7 Third-Party Components and external conditions

7.1 The Product depends on Third-Party Components that APS does not control. Android versions, security patches, OEM firmware, USB behaviour, drivers, device-management state, permissions, application behaviour, and network conditions may change or differ between Devices.

7.2 A command or action that works on one Device may fail, be restricted, produce a different result, or cease to work on another model, Android version, firmware build, security patch level, or configuration.

7.3 ADB may report a Device as connected even when Android has not fully booted or a requested function is not ready. Connections can be interrupted, Devices can become offline or unauthorised, and a Third-Party Component can return incomplete or inaccurate information.

7.4 APS does not warrant Third-Party Components and is not responsible for changes, defects, restrictions, discontinuation, or failures originating in them. This clause does not exclude liability to the extent a Third-Party Component was integrated or supplied under APS's control and mandatory law places responsibility on APS.

7.5 References to Android, Google, device manufacturers, or third-party products do not imply sponsorship, endorsement, or affiliation.

8 APSBridge and Device Owner

8.1 APSBridge is optional for ordinary supported ADB functions but is required for supported managed-device actions. Installation of APSBridge and assignment of Device Owner are separate operations.

8.2 Android permits Device Owner assignment only on eligible Devices. Existing accounts, additional users, work profiles, another device owner, OEM restrictions, or the Device's current state may prevent assignment.

8.3 A factory reset may be required to make a Device eligible. A factory reset removes data. The Customer must not reset a Device merely to dismiss an error and must perform a reset only when it is an authorised and planned part of provisioning or recovery.

8.4 The presence of APSBridge does not guarantee that Device Owner is active or that every managed action is supported. The Customer must verify the status shown by the Product before executing managed-device actions.

8.5 Removing a Device Owner or device policy controller may be restricted by Android and may require a reset. Some policies may remain effective until they are separately cleared or the Device is reset.

9 Customer responsibilities

The Customer is responsible for:

a. selecting the correct Devices, serial numbers, Profiles, actions, parameters, files, certificates, applications, and destinations;

b. reviewing the Documentation and all warnings before use;

c. verifying Device ownership, operator authority, permissions, legal basis, and internal approvals;

d. maintaining secure computers, operating systems, drivers, cables, networks, accounts, ADB authorisations, licence credentials, and access controls;

e. ensuring that local files referenced by a Profile remain available and correct at execution time;

f. validating applications, commands, scripts, certificates, VPN configurations, kiosk settings, restrictions, and other Customer-supplied inputs;

g. maintaining complete, current, tested backups and a recovery plan before any operation that may alter a Device or its data;

h. monitoring deployments and reviewing the result for each action and each Device; and

i. preventing untrained or unauthorised persons from using the Product.

10 Pre-deployment testing and staged rollout

10.1 Before purchasing the Product and before any production or bulk deployment, the Customer must test the Product and each material workflow on representative non-critical Devices.

10.2 A representative test set must account for each relevant device model, Android version, OEM firmware build, security patch level, management state, application set, and network configuration. A successful test on one Device is not a guarantee for other Devices.

10.3 New or modified Profiles must first be tested on a single non-critical Device. The Customer must then use a limited pilot group and verify the outcome before expanding the deployment.

10.4 The Customer must not perform a direct fleet-wide rollout where a reasonable test or pilot would identify material risk. If the Customer skips testing or staged rollout, it accepts the additional operational risk resulting from that decision, subject to mandatory law.

10.5 The Customer must repeat relevant tests after material changes to the Product, Profile, Android version, OEM firmware, security patch, application, certificate, driver, workstation, or deployment environment.

11 Destructive and high-risk operations

11.1 The Product can perform operations that immediately change a Device or its data, including wipe, factory reset, clear application data, uninstall, disable, delete, file replacement, certificate installation or removal, VPN and proxy configuration, kiosk restrictions, system update policies, and custom ADB or shell commands.

11.2 These operations may cause permanent data loss, loss of access, application failure, security changes, network interruption, or Device unavailability. Some effects cannot be reversed by APS.

11.3 The Customer must review each confirmation, verify the target Device, maintain a recovery method, and obtain required approvals before execution. The Customer must not bypass or automate around a safety confirmation.

11.4 A typed confirmation or warning reduces accidental activation but does not verify that the operation is suitable, lawful, or safe for the Customer's environment.

11.5 Custom ADB and shell commands are intended for qualified users. APS may validate syntax or required fields but cannot determine every effect of a Customer-supplied command. The Customer is responsible for the command and its consequences.

12 Deployment behaviour and partial completion

12.1 A Profile is executed using the enabled actions and target Devices captured when the deployment starts. Actions are generally executed sequentially for each Device.

12.2 If an action fails on a Device, later actions for that Device may be skipped while execution on other selected Devices continues. Devices in the same deployment may therefore finish in different states.

12.3 APS does not provide a general automatic rollback. Completed actions remain effective after a later failure, disconnection, interruption, or cancellation.

12.4 APS does not guarantee automatic retry from a failed step or resumption after the Product or computer closes. An unfinished saved deployment may be recorded as interrupted.

12.5 Cancellation is cooperative. A cancellation request may be checked only between actions or Devices and may not stop an ADB process, transfer, reboot, delay, or other operation already in progress.

12.6 The Customer must review per-Device and per-action results. A progress percentage, completed command, exit code, or success indicator does not by itself guarantee the final behaviour of Android, an OEM interface, an application, a network, or a policy.

13 Files, transfers, Workspace, and backups

13.1 The Product can access supported Device storage and can create, transfer, move, rename, replace, or delete files where Android permits.

13.2 Android can restrict access to system or application storage. Available locations and results vary by Android version, manufacturer, permission, and Device state.

13.3 Transfer progress, pause, cancellation, retry, or queue controls may not stop or reverse an underlying synchronous ADB transfer already in progress. The Customer must verify the final source, destination, file integrity, and Device state before disconnecting a Device or relying on the result.

13.4 APS Workspace is a local organisational area on the Customer's computer. A folder named Backups does not mean that APS automatically creates a Device backup.

13.5 Files deleted from a Device or Workspace cannot necessarily be restored through APS. The Customer must maintain backups outside the Product and test its recovery procedure.

13.6 Exported Profiles do not necessarily include referenced APKs, certificates, images, scripts, or other local files. The Customer must preserve and secure those files separately.

14 Data protection and confidential information

14.1 The Product's primary operational data and Workspace files are stored locally under the Customer's control. The Customer is responsible for the security, retention, deletion, and lawful processing of device information, deployment records, application inventories, reports, screenshots, logs, files, and other data handled locally.

14.2 APS may process account, purchase, activation, update, security, diagnostic, and support information as described in the Privacy Policy available at https://aps.pacifictones.com/privacy.

14.3 The Customer must not send APS personal data, credentials, private keys, secrets, confidential files, or unredacted logs unless reasonably necessary for support and lawfully authorised. APS may ask the Customer to reproduce an issue, provide diagnostics, or grant controlled access before support can continue.

14.4 If APS processes personal data on behalf of the Customer as a processor, the parties will enter into a data processing agreement where required by law. The local operation of the Product alone does not make APS the processor of all data stored or handled by the Customer.

14.5 Each party must protect the other party's confidential information using reasonable care and may use it only to perform or enforce the agreement. This duty does not cover information that is public without breach, independently developed, lawfully received without restriction, or required to be disclosed by law.

15 Fees, taxes, delivery, and refunds

15.1 The Customer must pay the fees and taxes stated in the Order. Fees are due in the currency and by the payment method shown at checkout or in the Order.

15.2 Digital delivery occurs when the Product, download, licence key, or activation entitlement is made available to the Customer.

15.3 Except where the applicable Order or mandatory law states otherwise, fees are non-cancellable after digital delivery or activation.

15.4 The Customer is expected to use the trial to assess compatibility before purchase. If the paid Product materially fails to conform to the Documentation in a supported environment and the Customer reports the issue with sufficient information, APS may, at its option, correct the Product, provide a reasonable workaround, replace the affected entitlement, or terminate the affected licence and refund the licence fee paid for it. This remedy is subject to Sections 18 and 19 and does not limit mandatory rights.

15.5 APS does not offer a general voluntary money-back guarantee. Customers are expected to use the available 14-day free trial before purchase to evaluate the Product's compatibility and workflows in their intended environment. This does not limit any refund, remedy, or other right that cannot lawfully be excluded, or any remedy expressly provided under these Terms or the applicable Order.

15.6 Purchases are processed by Lemon Squeezy as merchant of record. Lemon Squeezy administers payment processing, refunds, and chargebacks and may issue or process refunds under its applicable buyer terms, policies, legal obligations, and chargeback procedures. APS may approve or request a refund from Lemon Squeezy where appropriate, including a refund under Section 15.4.

16 Updates, support, and security

16.1 Support, maintenance, updates, and upgrades are provided only for the period and scope stated in the Order, Product page, or Documentation.

16.2 APS may require the Customer to install a supported Product version, reproduce the issue, follow the Documentation, provide appropriate diagnostics, or confirm the relevant Device and environment before support is provided.

16.3 Support may be limited where the Product has been modified, used outside the Documentation, combined with unsupported components, or affected by hardware, firmware, operating systems, drivers, applications, or networks outside APS's control.

16.4 APS may change or discontinue non-material features and may issue security, compatibility, or legal updates. We will not materially reduce paid core functionality during a stated fixed licence term without a reasonable remedy, except where necessary for security, law, third-party restrictions, or circumstances outside our reasonable control.

16.5 APS will handle vulnerabilities and provide security support during the announced Support Period as required by applicable law. The end date of that period will be communicated through the Product page, Order, Documentation, or another durable notice where required.

16.6 Security reports may be submitted to hello@pacifictones.com. The Customer must not publicly disclose a vulnerability before APS has had a reasonable opportunity to investigate and mitigate it, unless law requires earlier disclosure.

17 Intellectual property and feedback

17.1 APS and its licensors retain all rights, title, and interest in the Product, Documentation, design, code, trademarks, and related intellectual property. The Customer receives only the licence expressly granted in these Terms.

17.2 Third-Party Components remain subject to their respective licences and notices. Where a third-party licence grants rights that conflict with these Terms, that third-party licence controls only for the relevant component.

17.3 If the Customer voluntarily provides suggestions or feedback, APS may use them without restriction or payment, provided that APS does not identify the Customer or disclose its confidential information without permission.

18 Limited warranty

18.1 For a paid licence and during the warranty period required by the Order or applicable law, APS warrants that the Product will substantially conform to the then-current Documentation when used in a supported environment and in accordance with these Terms.

18.2 APS does not warrant that the Product will be uninterrupted, error-free, immune from every vulnerability, compatible with every Device or Third-Party Component, or capable of achieving every Customer objective. APS does not warrant the accuracy or completeness of information returned by Android, ADB, an OEM, a Device, an application, or another Third-Party Component.

18.3 The warranty does not apply to issues caused by unauthorised modification, misuse, unsupported environments, Customer inputs, failure to follow Documentation, skipped testing, unapproved third-party components, loss of connectivity, or changes outside APS's control.

18.4 Subject to mandatory law, the remedies in Section 15.4 are the Customer's exclusive remedies for breach of the warranty in this Section.

18.5 Except for the express warranty above and to the maximum extent permitted by law, the Product and Documentation are provided as is and as available. All other express, implied, or statutory warranties are excluded, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, where those exclusions are legally permitted.

19 Limitation of liability

19.1 APS has unlimited liability where liability cannot lawfully be limited, including for:

a. intent, wilful misconduct, or gross negligence;

b. death, personal injury, or damage to health caused by APS's negligence;

c. fraud, fraudulent concealment, or breach of an express guarantee;

d. liability under applicable mandatory product liability law; and

e. any other liability that applicable law prohibits the parties from limiting or excluding.

19.2 For slight or ordinary negligence, APS is liable only for breach of an essential contractual obligation. An essential contractual obligation is one whose performance is necessary for proper performance of the agreement and on which the Customer may ordinarily rely. Liability under this Section is limited to the damage that was foreseeable and typical for this type of agreement when the parties entered into it.

19.3 Except for liability under Sections 19.1 and 19.2, APS is not liable for slight or ordinary negligence.

19.4 To the maximum extent permitted by law, APS is not liable for indirect, incidental, special, exemplary, or consequential damage, loss of profit, loss of revenue, loss of anticipated savings, loss of goodwill, business interruption, loss or corruption of data, or costs of substitute equipment, services, restoration, or recovery. This exclusion does not apply where such damage is recoverable under Sections 19.1 or 19.2 or where the exclusion would otherwise be invalid.

19.5 Except for liability under Section 19.1 and except to the extent that applying a lower cap would be invalid under Section 19.2 or mandatory law, APS's total aggregate liability arising out of or relating to the Product, an Order, and these Terms will not exceed the total licence fees actually paid by the Customer for the licence giving rise to the claim.

19.6 The limitations apply regardless of the legal basis of the claim and to the benefit of APS's employees, representatives, contractors, and agents. They do not shift responsibility to the Customer for damage caused by APS where such a shift is prohibited by law.

19.7 The Customer acknowledges that the fees reflect the agreed allocation of risk, the availability of a trial, the Customer's testing and backup duties, and the limitations in this Section.

20 Customer responsibility for third-party claims

20.1 To the extent permitted by law, the Customer must reimburse APS for reasonable losses, costs, and third-party claims resulting from the Customer's intentional or negligent:

a. use of a Device without authority;

b. violation of law or third-party rights;

c. distribution or installation of Customer-supplied applications, certificates, files, commands, configurations, or content; or

d. circumvention of Product security or safety controls.

20.2 APS must notify the Customer of a covered claim without undue delay and allow the Customer reasonable participation in the defence. The Customer may not settle a claim in a manner that admits fault by APS or imposes obligations on APS without APS's written consent.

21 Suspension and termination

21.1 APS may suspend activation, support, or access to licensed materials if the Customer materially breaches these Terms, fails to pay an undisputed amount when due, exceeds the licence scope, creates a material security risk, or uses the Product unlawfully. Where reasonable, APS will provide notice and an opportunity to cure before suspension.

21.2 Either party may terminate an affected Order for material breach if the breach is not cured within thirty days after written notice, unless the breach cannot be cured or immediate termination is permitted by law.

21.3 APS may terminate immediately for intentional unauthorised access, licence circumvention, malware distribution, or other serious unlawful use.

21.4 On termination, the Customer must stop using the affected licence and delete copies where legally required. Termination does not reverse Device changes, remove Customer files, or restore data.

21.5 Sections that by their nature should survive will survive termination, including payment obligations, restrictions, intellectual property, confidentiality, warranty limitations, liability, and dispute provisions.

22 Changes to the Product and Terms

22.1 We may update these Terms for future Orders, future versions, changes in law, security requirements, or material changes to the Product. The current version and effective date will be published at https://aps.pacifictones.com/terms.

22.2 Material changes to an existing paid licence will be notified in a reasonable manner. They will not apply retroactively where retroactive application is prohibited. Continued use after the stated effective date constitutes acceptance only to the extent permitted by law.

22.3 If the Customer does not accept a material change that lawfully requires consent, the Customer must stop using the affected update or Product version. Any refund or termination right will be determined by the Order and applicable law.

23 Export control and sanctions

The Customer must not export, re-export, transfer, or use the Product in violation of applicable export-control, trade-sanctions, or embargo laws. The Customer represents that it is not prohibited from receiving the Product under those laws.

24 Governing law

24.1 These Terms and each Order are governed by the laws of the Federal Republic of Germany, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods, to the extent that exclusion is valid.

24.2 Mandatory laws that apply regardless of the chosen law remain unaffected.

25 General provisions

25.1 Order of precedence. If documents conflict, the following order applies unless an Order expressly states otherwise: a signed Order or negotiated addendum, a data processing agreement for its subject matter, these Terms, and the Documentation.

25.2 Assignment. The Customer may not assign the agreement without APS's prior written consent, except as part of a transfer of substantially all relevant business assets where the assignee accepts the agreement and is not a competitor of APS. APS may assign the agreement as part of a merger, reorganisation, or transfer of the Product business.

25.3 Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, except for payment obligations. The affected party must take reasonable steps to reduce the impact.

25.4 Notices. Legal notices must be sent to the addresses in the Order and to APS at hello@pacifictones.com. Support requests are not legal notices.

25.5 No waiver. A failure to enforce a provision is not a waiver of that provision.

25.6 Severability. If a provision is invalid or unenforceable, the remaining provisions remain effective. The invalid provision will be replaced only as permitted by applicable law.

25.7 Entire agreement. The Order, these Terms, and incorporated documents form the entire agreement concerning the Product and replace prior statements on the same subject. Fraud and express written guarantees are not excluded.

25.8 Language. The controlling language is English. Any translation is provided for convenience unless applicable law requires otherwise.

25.9 Headings. Headings are for convenience and do not affect interpretation.

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