NIBIRU SOFTWARE INC.

SQL DATABASE DEFRAGMENTER (SQLDBD) BETA PROGRAM AGREEMENT

Effective Date: August 17, 2026

This SQL Database Defragmenter ("SQLDBD") Beta Program Agreement ("Agreement") is entered into between Nibiru Software Inc. ("Nibiru Software," "Company," "we," "our," or "us") and the individual or entity participating in the SQLDBD Beta Program ("Participant," "Customer," or "you").

By registering for, downloading, installing, accessing, or using SQLDBD Beta, you acknowledge that you have read, understood, and agree to be bound by this Agreement.

  1. Purpose of the Beta Program

The SQLDBD Beta Program is intended to evaluate pre-release software, identify defects, assess usability, validate functionality, and obtain feedback from qualified participants prior to the commercial release of SQLDBD.

Participation in the Beta Program is voluntary and provided solely for evaluation purposes.

  1. Beta Period

The official SQLDBD Beta Program begins on August 17, 2026, and is scheduled to conclude twenty-one (21) calendar days later, unless extended or terminated earlier by Nibiru Software.

Nibiru Software reserves the right to modify the duration of the Beta Program at its sole discretion.

  1. License Grant

Nibiru Software grants Participant a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use SQLDBD Beta solely for internal evaluation during the Beta Program.

No ownership rights are transferred.

  1. Evaluation Use Only

SQLDBD Beta is provided exclusively for testing and evaluation.

Participant acknowledges that Beta Software:

  • May contain defects, errors, or security vulnerabilities.
  • May be incomplete or unstable.
  • May change substantially before commercial release.
  • May not include all planned functionality.

Unless expressly authorized by Nibiru Software, Beta Software should not be used in production environments or for mission-critical operations.

Participant is responsible for maintaining complete backups before using SQLDBD Beta.

  1. Confidential Information

Participant acknowledges that SQLDBD Beta, including its software, documentation, user interface, features, algorithms, performance characteristics, pricing, screenshots, and technical information, constitutes confidential and proprietary information of Nibiru Software.

Participant agrees not to disclose, publish, distribute, demonstrate, or otherwise make available any confidential information to any third party without the prior written consent of Nibiru Software.

This confidentiality obligation survives the conclusion of the Beta Program.

  1. Feedback

Participant agrees to actively evaluate SQLDBD Beta and provide feedback regarding usability, defects, performance, documentation, feature requests, and suggested improvements.

Feedback may be submitted through the SQLDBD Beta Forum, support channels, surveys, or other methods designated by Nibiru Software.

Participant grants Nibiru Software a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, publish, and incorporate such feedback into its products and services without compensation or attribution.

  1. License Validation

SQLDBD Beta may communicate with Nibiru Software licensing services to activate and validate software licenses.

During activation and periodic validation, SQLDBD may collect limited technical information required for license administration, including certain device identifiers and product configuration information, as described in the Nibiru Software Privacy & Cookie Policy.

  1. Updates

Nibiru Software may issue updated Beta builds, patches, feature revisions, or configuration changes during the Beta Program.

Participant agrees to install updated Beta versions when requested to ensure compatibility with the ongoing evaluation.

  1. Support

Beta support is provided on a best-effort basis through the SQLDBD Beta Forum and designated support channels.

Nibiru Software does not guarantee response times, bug fixes, feature implementation, or technical support during the Beta Program.

  1. Intellectual Property and Patent-Pending Technology

SQL Database Defragmenter ("SQLDBD"), including its software, source code, object code, algorithms, processes, methods, user interfaces, documentation, technical materials, trademarks, service marks, logos, and other related materials, are and shall remain the exclusive property of Nibiru Software Inc. or its applicable licensors.

Certain technologies, methods, systems, processes, and functionality incorporated into SQLDBD are the subject of pending patent applications owned by or assigned to Nibiru Software Inc. ("Patent-Pending Technology").

The Patent-Pending Technology includes technology associated with SQLDBD's capabilities for identifying, analyzing, managing, and addressing Microsoft SQL Server MDF (Primary Data File) fragmentation, including functionality designed to facilitate MDF and database index defragmentation.

Customer acknowledges that the Patent-Pending Technology constitutes proprietary and confidential technology of Nibiru Software Inc. and agrees not to use, reproduce, disclose, reverse engineer, derive, or otherwise exploit such technology except as expressly permitted under the applicable Software License Agreement.

Nothing contained in this Agreement, the Website, the Software, or any related documentation shall be construed as granting Customer, by implication, estoppel, or otherwise, any license or right under any patent, patent application, copyright, trademark, trade secret, or other intellectual property right of Nibiru Software Inc. or its licensors, except for the limited license rights expressly granted under the applicable Software License Agreement or End User License Agreement ("EULA").

Customer shall not:

  • Copy, reproduce, distribute, or commercially exploit the Patent-Pending Technology except as expressly authorized in writing by Nibiru Software.
  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, methods, processes, or underlying technology associated with SQLDBD, except to the extent expressly permitted by applicable law.
  • Circumvent, disable, defeat, or otherwise interfere with technical protections or license controls incorporated into SQLDBD.
  • Use SQLDBD or information obtained through SQLDBD to develop, implement, or assist in developing a competing product or service.
  • Disclose non-public technical information concerning SQLDBD or the Patent-Pending Technology to any third party without the prior written authorization of Nibiru Software.
  • Remove, obscure, alter, or modify any proprietary, copyright, trademark, patent, patent-pending, or other intellectual property notices contained in or associated with SQLDBD.

The designation "Patent Pending" means that one or more patent applications relating to the applicable technology have been filed with a patent authority and are pending examination. The designation does not constitute a representation or guarantee that any patent application will result in an issued patent, that any particular claim will be allowed, or that any issued patent will have the scope originally sought.

Nibiru Software reserves all rights not expressly granted to Customer under this Agreement.

Customer's purchase, installation, or use of SQLDBD does not convey or transfer any ownership interest in the Patent-Pending Technology or any other intellectual property of Nibiru Software Inc.

 

SQLDBD, including all software, documentation, source code, object code, user interfaces, trademarks, logos, and related materials, remains the exclusive property of Nibiru Software Inc.

Certain technologies incorporated into SQLDBD are protected by copyright and may be protected by issued patents and/or pending patent applications.

Nothing contained in this Agreement grants Participant any ownership interest in the Software.

  1. Restrictions

Participant shall not:

  • Reverse engineer, decompile, or disassemble the Software except where expressly permitted by applicable law.
  • Copy or distribute the Software except as expressly authorized.
  • Remove or alter proprietary notices.
  • Circumvent licensing or security mechanisms.
  • Publish benchmark results or comparative performance testing without Nibiru Software's prior written consent.
  • Use the Software to develop competing products or services.
  1. Disclaimer of Warranties

THE BETA SOFTWARE IS PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE."

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NIBIRU SOFTWARE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ACCURACY.

Nibiru Software makes no representation that the Beta Software will operate without interruption or be free from defects.

  1. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NIBIRU SOFTWARE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE BETA SOFTWARE OR THIS AGREEMENT.

IN NO EVENT SHALL NIBIRU SOFTWARE'S TOTAL LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS (US $100.00).

  1. Beta Participation Appreciation Drawing

As a gesture of appreciation, participants who actively engage in the Beta Program by providing meaningful feedback, reporting issues, submitting enhancement requests, or otherwise contributing to the improvement of SQLDBD during the official Beta period will be eligible to participate in a random drawing for one (1) Samsung Galaxy Tab S10.

Eligibility does not guarantee selection. The drawing is intended solely as a promotional appreciation initiative and does not constitute compensation for participation.

Nibiru Software reserves the right to establish reasonable eligibility requirements, verify participation, substitute a prize of equal or greater value if necessary, or cancel the drawing where prohibited by applicable law.

 

  1. Termination

Nibiru Software may suspend or terminate Participant's access to the Beta Program at any time, with or without cause, and without prior notice.

Upon termination, Participant shall immediately discontinue use of SQLDBD Beta and destroy all copies of the Beta Software unless otherwise instructed by Nibiru Software.

  1. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict-of-law principles.

Any legal action arising under this Agreement shall be brought exclusively in the state or federal courts located in the State of Texas.

  1. Entire Agreement

This Agreement, together with the Nibiru Software Privacy & Cookie Policy, End User License Agreement (EULA), and any written communications expressly incorporated herein, constitutes the complete agreement governing participation in the SQLDBD Beta Program.

  1. Contact Information

Nibiru Software Inc.

Website: https://www.nibirusoftware.com

Email: betaforum@nibirusoftware.com

Support: https://www.nibirusoftware.com/support

By selecting "I Agree", downloading, installing, or using SQLDBD Beta, Participant acknowledges that they have read, understood, and agree to be bound by the terms of this Agreement.