MOBILE APPLICATION END USER LICENSE AGREEMENTLast Modified: March 21, 2023
BY DOWNLOADING/INSTALLING/USING THE MOBILE APPLICATION (“APPLICATION”), YOU
ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS MOBILE APPLICATION END
USER LICENSE AGREEMENT (“AGREEMENT”) AND ACCEPT THIS AGREEMENT AND AGREE THATYOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOTDOWNLOAD/ INSTALL/USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE. THEAPPLICATION IS LICENSED, NOT SOLD, TO YOU.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGALENTITY AND ITS AFFILIATES (“END USER”, “YOU”, OR “YOUR”), YOU REPRESENT THAT YOU HAVETHE AUTHORITY TO BIND SUCH CUSTOMER TO THESE TERMS AND CONDITIONS. IF YOU DO NOTHAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOUMUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE APPLICATION. IF CUSTOMER HASEXECUTED A SEPARATE MASTER SERVICES AGREEMENT WITH INVUE SECURITY PRODUCTS INC.
OR ONE OF ITS AFFILIATES (“INVUE”, “COMPANY”, “WE”, OR “US”), THEN IF THERE IS A CONFLICTBETWEEN SUCH MASTER SERVICES AGREEMENT AND THIS AGREEMENT, THE TERMS OF THE
MASTER SERVICES AGREEMENT SHALL CONTROL.
1.
License Grant. Subject to the terms of this Agreement, Company grants you a limited, nonexclusive, non-sublicensable, and nontransferable license to:(a)download, install, and use the Application solely for your internal business purposes on asingle mobile device owned or otherwise controlled by you ("Mobile Device") strictly in accordance with
the Application's documentation; and(b)access, stream, download, and use on such Mobile Device the Content and Services (asdefined in Section 5) made available in or otherwise accessible through the Application, strictly inaccordance with this Agreement and the Terms of Use applicable to such Content and Services as set forthin Section 5.
2.

License Restrictions. You shall not:(a)

copy the Application, except as expressly permitted by this license;(b)modify, translate, adapt, or otherwise create derivative works or improvements, whether
or not patentable, of the Application;(c)reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain
access to the source code of the Application or any part thereof;(d)
remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, orother intellectual property or proprietary rights notices from the Application, including any copy thereof;(e)rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise makeavailable the Application, or any features or functionality of the Application, to any third party for any
reason, including by making the Application available on a network where it is capable of being accessedby more than one device at any time; or(f)remove, disable, circumvent, or otherwise create or implement any workaround to any
copy protection, rights management, or security features in or protecting the Application.
3.
Reservation of Rights. You acknowledge and agree that the Application is provided under license,and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or anyother rights thereto other than to use the Application in accordance with the license granted, and subject to all terms,conditions, and restrictions, under this Agreement. Company and its licensors and service providers reserve andshall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, andother intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
4.
Collection and Use of Your Information. You acknowledge that when you download, install, oruse the Application, Company may use automatic means (including, for example, cookies and web beacons) tocollect information about your Mobile Device and about your use of the Application. You also may be required toprovide certain information about yourself as a condition to downloading, installing, or using the Application orcertain of its features or functionality. All information we collect through or in connection with this Application issubject to our Privacy Policy provided with the Terms of Use for Cloud Services. By downloading, installing, using,and providing information to or through this Application, you consent to all actions taken by us with respect to yourinformation in compliance with the Privacy Policy.
5.
Content and Services. The Application may provide you with access to Company's Cloud
Services, and certain features, functionality, and content accessible on or through the Application may be hosted on
the Cloud Services (collectively, "Content and Services"). Your access to and use of such Content and Services aregoverned by Company’s terms and conditions relating to Terms of Use for Cloud Services, which are incorporated
herein by this reference. Your access to and use of such Content and Services may require you to acknowledge youracceptance of such Terms of Use, and your failure to do so may restrict you from accessing or using certain of theApplication's features and functionality. Any violation of such Terms of Use will also be deemed a violation of thisAgreement.
6.
Updates. Company may from time to time in its sole discretion develop and provide Application
updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively,including related documentation, "Updates"). Updates may also modify or delete in their entirety certain featuresand functionality. You agree that Company has no obligation to provide any Updates or to continue to provide orenable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device isconnected to the internet either:(a)the Application will automatically download and install all available Updates; or(b)you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that theApplication or portions thereof may not properly operate should you fail to do so. You further agree that all Updates
will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
7.
Third-Party Materials. The Application may display, include, or make available third-party content(including data, information, applications, and other products, services, and/or materials) or provide links to thirdparty websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge
and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness,timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does notassume and will not have any liability or responsibility to you or any other person or entity for any Third-PartyMaterials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access anduse them entirely at your own risk and subject to such third parties' terms and conditions.
8.

Term and Termination.

(a)
The term of Agreement commences when you download/install the Application and willcontinue in effect until terminated by you or Company as set forth in this Section 9.
(b)
You may terminate this Agreement by deleting the Application and all copies thereof
from your Mobile Device.

2(c)Company may terminate this Agreement at any time without notice if it ceases to support
the Application, which Company may do in its sole discretion. In addition, this Agreement will terminate
immediately and automatically without any notice if you violate any of the terms and conditions of thisAgreement.
(d)Upon termination:(i)all rights granted to you under this Agreement will also terminate; and(ii)you must cease all use of the Application and delete all copies of the Applicationfrom your Mobile Device and account.
(e)Termination will not limit any of Company's rights or remedies at law or in equity.

9.
Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER "AS IS" ANDWITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUMEXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALFOF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS,EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OROTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT,AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE,USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDESNO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THEAPPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BECOMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES,OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, ORBE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIEDWARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER,SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
10.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INNO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORSOR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF ORINABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:(a)PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OFSUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESSINTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHERCONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVEDAMAGES.
(b)DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THEAMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OFBREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OFWHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONSOF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TOYOU.

311.
Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers,directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages,liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses
of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of theApplication or your breach of this Agreement, including but not limited to the content you submit or make available
through this Application.
12.
Export Regulation. The Application may be subject to US export control laws, including theExport Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, orrelease the Application to, or make the Application accessible from, any jurisdiction or country to which export, reexport, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws,regulations, and rules, and complete all required undertakings (including obtaining any necessary export license orother governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application
available outside the US.
13.
US Government Rights. The Application is commercial computer software, as such term isdefined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor,
you receive only those rights with respect to the Application as are granted to all other end users under license, inaccordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense
and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and theircontractors.
14.
Severability. If any provision of this Agreement is illegal or unenforceable under applicable law,
the remainder of the provision will be amended to achieve as closely as possible the effect of the original term andall other provisions of this Agreement will continue in full force and effect.
15.
Governing Law. This agreement is governed by and construed in accordance with the internallaws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule that would
require or permit the application of the laws of any jurisdiction other than those of the State of North Carolina. Anylegal suit, action, or proceeding arising out of or in connection with this agreement or the rights granted hereunder
will be instituted exclusively in the federal courts of the United States or the courts of the State of North Carolina ineach case located in the city of Charlotte and County of Mecklenburg, and each party irrevocably submits to theexclusive jurisdiction of such courts in any such suit, action, or proceeding.
16.
Entire Agreement. This Agreement, the Terms of Use for Cloud Services, the Software PurchaseTerms and Conditions, and any other terms incorporated herein constitute the entire agreement between you andCompany with respect to the Application and supersede all prior or contemporaneous understandings andagreements, whether written or oral, with respect to the Application.
17.
Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or
any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power
hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between thisAgreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

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