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TWAZER SOFTWARE LICENSE AGREEMENT

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING THE TWAZER SOFTWARE. BY USING THE TWAZER SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL AND/OR USE THE SOFTWARE.

IMPORTANT NOTE: To the extent that this software may be used to reproduce materials, it is licensed to you only for reproduction of non-copyrighted materials, materials in which you on the copyright, or materials you are authorized or legally permitted to reproduce. If you are uncertain about your right to copy any material, you should contact your legal advisor.

1.         General.

A.         The Twazer Software, and any third party software, documentation, interfaces, content, fonts, and any data accompanying this License whether in read only memory, on any other media, or in any other form (collectively the “Twazer Software”) are licensed, not sold, to you by SD858, LLC (“Twazer”) for use only in the terms of this License. Twazer and/or Twazer’s licensors retain ownership of the Twazer Software itself and reserve all rights not expressly granted to you.

B.         Twazer, at its discretion, may make available future upgrades or updates to the Twazer Software. The Twazer Software upgrades and updates, if any, may not necessarily include all existing software features or new features that Twazer releases for newer or other models of devices on which the Twazer Software may be installed. The terms of this License will govern any software upgrades or updates provided by Twazer to the original Twazer Software product, unless such upgrade or update is accompanied by a separate License, in which case you agree that the terms of that License will govern such upgrade or update.

2.         Permitted License uses and restrictions.

A.         License. Subject to the terms and conditions of this License, including but not limited to the requirements and limitations in Section 2B, and as permitted in the terms and conditions of the application store from which you obtain the Twazer Software, you are granted a limited, non-transferable, non-exclusive License to install and use the Twazer Software on any compatible device that you own or control. You may not distribute or make the Twazer Software available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute, or sublicense the Twazer Software.

B.         By choosing to associate the Twazer Software with any application store account used to obtain the application, you agree that Twazer may transmit, collect, maintain, process, and use any identification information used by your application store account, including any unique hardware identifier collected from your device, as unique account identifiers for the purpose of verifying the eligibility of your request and providing you access to the Twazer Software for the application store.

C.         System Requirements. Twazer Software is supported only on hardware that meets specified system requirements as indicated by Twazer.

D.         Content. Title and intellectual property rights in and to any content displayed by or accessed through the Twazer Software belong to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. Except as otherwise provided in this License, this License does not grant you any rights to use such content nor does it guarantee that such content will continue to be available to you.

E.         No Reverse Engineering. You may not, and you agree not to or enable others to, copy (except as expressly permitted by this License or by the usage rules if they are applicable to you), decompile, reverse engineer, disassemble, attempt to drive the source code of, decrypt, modify, create derivative works of the Twazer Software or any other services provided by the Twazer Software, or any part thereof (except as an only to the extent the foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of open-sourced components included with the Twazer Software).

F.         Compliance with Laws. You agree to use the Twazer Software and the Services (as defined in Section 4 below) in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the Twazer Software and services.

G.         Automatic Updates. If you choose to allow automatic updates, your device will periodically check with Twazer for updates and upgrades to the Twazer Software and, if an update or upgrade is available, the update or upgrade will automatically download and install onto your device and, if applicable, your peripheral devices. You can turn off the automatic app updates altogether at any time by changing the automatic app updates settings found within Settings.

3.         Consent to use of data.

A.         Diagnostic and Usage Data. You agree that Twazer and its subsidiaries and agents may collect, maintain, process, and use diagnostic, technical, usage, and related information (“diagnostic and usage data”), including but not limited to unique system or hardware identifiers, information about your device, computer, system and application software, and peripherals, that is gathered periodically to provide and improve Twazer’s products and services, facilitate the provision of software updates, product support, and other services to you (if any) related to the Twazer Software, and to verify compliance with the terms of this License. Twazer may use this information, as long as it is collected in a form that does not personally identify you, for the purposes described above. To enable Twazer’s partners and third party content providers to improve their products and/or services designed for use with Twazer products, Twazer may also provide any such partner or third party content provider with diagnostic and usage data that is relevant to that partner’s or content provider’s products and/or services, as long as the diagnostic and usage data is in a form that does not personally identify you.

B.         Privacy Policy. At all times your information will be treated in accordance with Twazer’s privacy policy, which is incorporated by reference into this License and can be viewed at http://twazer.com/privacy-policy.

4.         Services and Third Party Materials.

A.         The Twazer Software may enable access to other third party and Twazer applications, services, and websites (collectively and individually, “Services”). Use of these Services requires Internet access and use of certain Services may require a Twazer account, may require you to obtain additional terms, and may be subject to additional fees. By using the Software in connection with a Twazer account, you agree to the applicable terms of service for that account.

B.         The Twazer Software enables you to create, edit, and manage information regarding transactions on compatible devices. Unless you previously agreed to the latest applicable terms, they will be presented to you for review and acceptance before you can perform such actions through the Twazer Software.

C.         You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of any particular URL may automatically or unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and the Twazer shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.

D.         Transactions offered by the Twazer Software may display, include, or make available content, data, information, applications, or materials from third parties (“Third party Materials”) or provide links to certain third party websites. By using the Services, you acknowledge and agree that Twazer is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such Third Party Materials or websites. Twazer, its officers, affiliates, and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third party services, third party materials or websites, or any other materials, products, or services of third parties. Third party materials and links to other websites are provided solely as a convenience to you.

E.         Financial information displayed by any services is for general informational purposes only and should not be relied upon as investment advice. Before executing any securities transaction based on information obtained of the Services, you should consult with a financial or securities professional legally qualified to give financial or securities advice in your country or region. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property, or environmental damage. Neither Twazer nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information, location data, or any other data displayed by any services.

F.         To the extent that you upload any content to use the use of the services, you represent that you own all rights in, or have authorization, or are otherwise legally permitted to upload, such content that such content does not violate any terms of service applicable to the services. You agree that the services contain proprietary content, information, and material that is owned by Twazer, the site owner, and/or their License oars, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the services or in any manner that is inconsistent with the terms of this License of that infringes any intellectual property rights of a third party or Twazer. No portion of the services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the services, and any manner, and you shall not export services and any unauthorized way whatsoever, including but not limited to, using the services to transmit any computer viruses, worms, Trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the services in any manner to harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of any other party, and Twazer is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing, or illegal messages or transmissions that you may receive as a result of using any of the services. Should you post any objectional content including but not limited to content described above, Twazer reserves the right to remove such postings and disable your account as outlined in section G.

G.         In addition, Services and Third Party Materials that may be accessed, linked to, or displayed through the Twazer Software are not available in all languages are in all countries or regions. Twazer makes no representation that such Services and Third Party Materials are appropriate or available for use in a particular location. To the extent you choose to use or access such Services and Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws in privacy and data collection laws. Twazer and its licensors reserve the right to change, suspend, remove, or disable access to any services at any time without notice. In no event will Twazer be liable for the removal of or disabling of access to any such Services. Twazer may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

5.         Termination. This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from Twazer if you fail to comply with any term(s) of this License. On the termination of this License, you shall cease all use of the Twazer Software and destroy all copies, full or partial, of the Twazer Software. Sections 3, 4, 5, 6, 7, 8, 10, and 11 of this License shall survive any such termination.

6. Disclaimer of Warranties.

A.         If you are a customer who is a consumer (someone who uses the Twazer Software outside of your trade, business, or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about consumer rights, you should contact a local consumer advice organization.

B.         YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE TWAZER SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE TWAZER SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU.

C.         TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TWAZER SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND TWAZER AND TWAZER’S LICENSORS (COLLECTIVELY REFERRED TO AS “TWAZER” FOR THE PURPOSES OF SECTIONS 6 AND 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE TWAZER SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

D.         TWAZER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE TWAZER SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY, THE TWAZER SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE TWAZER SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY SERVICES WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE TWAZER SOFTWARE OR SERVICES WILL BE CORRECTED, OR THAT THE TWAZER SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. INSTALLATION OF THE SOFTWARE MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES.

E.         YOU FURTHER ACKNOWLEDGE THAT THE TWAZER SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA, OR INFORMATION PROVIDED BY, THE TWAZER SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE-SUPPORT OR WEAPONS SYSTEMS.

F.         NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TWAZER OR AN AUTHORIZED TWAZER REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE TWAZER SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

7.         Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, AND NO EVENT SHALL TWAZER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION, LOSS OR FAILURE TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE TWAZER SOFTWARE AND SERVICES OR ANY THIRD PARTY SOFTWARE OR AFFLICT APPLICATIONS IN CONJUNCTION WITH THE TWAZER SOFTWARE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF TWAZER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Twazer’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of 50 dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

8.         Export Control. You may not use or otherwise export or re-export the Twazer Software except as authorized by United States law and the laws of the jurisdiction(s) in which the Twazer Software was obtained. In particular, but without limitation, the Twazer Software may not be exported or re-exported (a) into any U.S. embargoed countries or (B) to anyone on the U.S. Treasury Department’s list of Specialty Designated Nationals or the U.S. Department of Commerce’s Denied Persons List, Entity List, or any other restricted party lists. By using the Twazer Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Twazer Software for any purposes prohibited by United States law, including, without limitation, development, design, manufacture or production of missiles, nuclear, chemical, or biological weapons.

9.         Government end-users. The Twazer Software and related documentation are “Commercial Items,” as that term is defined at 48 C.FR. §2.101, consisting of “Commercial Commuter Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §27.7202 as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202–1 through §227.7202–4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government End-Users (a) only as Commercial Items and (B) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

10.       Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the state of California, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are consumer based in the United Kingdom, this License will be governed by the laws of the jurisdiction of your residence. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

11.       Complete Agreement; Governing Language. This License constitutes the entire agreement between you and Twazer relating to the Twazer Software, and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing or signed by Twazer. Any translation of this License is done for local requirements and in the event of a dispute between English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.

Twazer uses Braintree, a division of PayPal, Inc. (Braintree) for payment processing services. By using the Braintree payment processing services you agree to the Braintree Payment Services Agreement available at https://www.braintreepayments.com/legal/gateway-agreement, and the applicable bank agreement available at https://www.braintreepayments.com/legal/cea-wells .