End User License Agreement

This is a legally binding license agreement (the “License Agreement”). Please read it carefully. By clicking “I Agree” or installing or using the Crowded App and any updates to such App (collectively, the “App“) provided by Crowded Technologies, Inc. (the “Company“) 

1. General Terms 
   1. App License. Subject to the terms herein, the Company hereby grants you a limited, personal, non-exclusive, non-transferable, non sub-licensable right to install and use the App solely on the device to which you have downloaded the App (the “Device“) and only for the purpose of use in conjunction with the system licensed to your organization under the Terms of Service between your organization and the Company (the “T&C’S“). You shall be solely responsible to ensure that the App is properly installed and used in accordance with the T&C’S. 
   2. Prohibited Uses. Other than the rights explicitly granted in this Agreement and the T&C’S, you shall have no other rights, express or implied, in the App. Without limiting the generality of the foregoing, you agree and undertake not to, and not to allow any third party to: (i) sell, lease, sublicense or distribute the App, or any part thereof, or otherwise transfer the App; (ii) reverse engineer, decompile, disassemble, or otherwise reduce to human-perceivable form the App’s source code and or any third party software provided by the Company; (iii) modify, revise, enhance, or alter the App; (iv) copy or allow copies of the App to be made, unless expressly permitted herein; (v) represent that you possess any proprietary interest in the App; (vi) use the App in any illegal manner or for unlawful purposes.  
   3. Title & Ownership. The App is the property of the Company or its licensors and any disclosure or unauthorized use thereof will cause irreparable harm and loss to the Company or its licensors. All right, title and interest in and to the App, any derivatives thereof and modifications thereto, including associated intellectual property rights, evidenced by or embodied in or attached/connected/related to the App, are and will remain with the Company or its licensors. This License Agreement does not convey to you any interest in or to the App, but only a limited right of use in accordance with the terms herein. Nothing in this License Agreement constitutes a waiver of the Company’s or its licensors’ intellectual property rights under any law. 
   4. Third Party Software. The App may include third party component, which are made available pursuant to different terms than those contained herein. 
2. Warranty Disclaimer. 
   1. THE APP IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY DISSATISFACTION WITH THE APP IS TO IMMEDIATELY UNINSTALL THE APP AND CEASE USE OF THE APP. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE APP WILL OPERATE CONTINUOUSLY, UNINTERRUPTED, OR BE ERROR-FREE.
   2. THE COMPANY SHALL IN NO WAY BE LIABLE TO YOU IN THE EVENT OF SYSTEMS OR COMMUNICATIONS ERRORS, BUGS OR VIRUSES RELATING TO THE APP OR RESULTING IN LOSS OF DATA BY YOU OR ANY OTHER DAMAGE TO YOUR DEVICE OR YOUR ABILITY TO USE IT, AND COMPANY RESERVES THE RIGHT TO TAKE ANY OTHER ACTION TO CORRECT SUCH ERRORS (IF ANY) SAVE THAT COMPANY IS NOT REQUIRED TO PROVIDE ANY BACK UP NETWORK OR SYSTEMS OR SIMILAR SERVICES. 
3. Limitation of Liability. IN NO EVENT SHALL THE COMPANY’S LIABILITY UNDER, ARISING OUT OF OR RELATING TO THIS AGREEMENT, EXCEED AN AMOUNT OF $100. IN NO EVENT WILL THE COMPANY BE LIABLE FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEs.
4. Term and Termination. The Company may terminate this License Agreement at any time without cause without any requirement of notice. Upon any such termination or expiration, you shall no longer be permitted to use the App, and shall delete all copies of the App in your possession. 
5. General. This Agreement constitutes the entire agreement between the parties. The Company may modify the terms of this License Agreement by making the updated version of this License Agreement available through the App, without requiring any further notice to you. If a court of competent jurisdiction finds any provision of this Agreement to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of the Agreement shall continue in full force and effect. You shall not assign this Agreement without the Company’s prior written approval, and any such purported assignment shall be null void. No waiver of any breach shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware and only its competent courts shall have jurisdiction over any dispute arising from this Agreement. Sections ‎1.2, ‎1.3, ‎1.4, ‎3, and ‎5 shall survive the termination of this Agreement.