End User License Agreement - CardTapp

End User License Agreement

END USER LICENSE AGREEMENT FOR MortgageMapp® APP

By clicking “Accept” or otherwise installing, downloading, copying or using this Software (sometimes referred to as “Licensed Application”), you agree to the terms of this End User License Agreement, and for this Software to establish an Internet connection when required. This End User License Agreement (“EULA”) is a legal agreement between you and CardTapp. If you do not agree to these terms then you may not use or install the Software. You agree that the only parties to this EULA are you and CardTapp and that CardTapp is solely responsible to you for this Software. If you do not agree to these terms then you may not use or install the Software. If you are using the Software on an Apple device, you acknowledge and agree that Apple is not a party to this EULA and is therefore not responsible for the Licensed Application and its content.

This Software is intended for use only with the Service.

SOFTWARE LICENSE

Subject to the terms of this EULA, CardTapp grants you a limited, non-exclusive, non-sub-licensable, non-assignable, non-transferable license to use and install one copy of the Software on only one computer and on each mobile device that you own or control (or as expressly outlined by CardTapp from time to time), each of which shall be a Compatible Device, and in the case of mobile devices, only mobile devices for which you are current in your payments of all applicable quarterly/monthly/annual or other fees and charges due to Company for the Service, and as permitted by the terms and conditions governing Apple’s iTunes store and Google Play (as applicable). “Use” means loaded in temporary memory or permanent storage on the Compatible Device. You must only use the Software for its intended purpose as published by CardTapp from time to time. You may not use the Software in any way that could damage the CardTapp Service or other services. You may not use this Software to create unlawful, obscene, malicious or scandalous works.

OWNERSHIP

This EULA gives you a limited license to use the Software. CardTapp retains all right, title and interest, including all copyright and intellectual property rights, in and to, the Software and all copies thereof. You shall not use the Software to develop any software or other technology having the same primary function as the Software, including but not limited to using the Software in any development or test procedure that seeks to develop like software or other technology, or to determine if such software or other technology performs in a similar manner as the Software.

You are not allowed to remove, alter or destroy any proprietary, trademark or copyright markings or notices placed upon or contained within the Software. This Software is protected by copyright law. All rights are reserved except for those explicitly covered in this EULA.

You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Software. You shall not attempt to derive the source code of the Software. You and CardTapp acknowledge that in the case of third party claim that the Licensed Application infringes the third party’s intellectual property rights, CardTapp will be solely responsible for the investigation, defense and settlement of such claim.

NO SELLING

This agreement is a personal agreement between you and CardTapp. You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider or otherwise grant rights to third parties with regard to the Software, or use the Software or service to provide a commercial service to any third party.

WARRANTY

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR OWN RISK AND THAT THE SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OR CONDITIONS. CARDTAPP EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES RELATED TO NON-INFRINGEMENT, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSE OR RESULTS, OR IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS SOFTWARE IS SUPPLIED TO YOU FREE OF CHARGE.

LIABILITY

IN NO EVENT SHALL CARDTAPP, ITS PARENT OR AFFILIATED COMPANIES OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR FOR ANY LOSS OR COSTS WHATSOEVER EXPERIENCED BY YOU OR ANY THIRD PARTY (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, PERSONAL INJURY, LOSS OF PRIVACY OR OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF USE, MISUSE OR INABILITY TO USE THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

TERMINATION

We reserve the right to upgrade the Software and discontinue support for earlier versions of the Software. You agree to be bound by this EULA unless another one is provided with the addition of new features or with a new version of the Software. CardTapp reserves the right to terminate or suspend this EULA at its sole discretion. Any unauthorized breach of this EULA by you shall result in immediate and automatic termination of this license and may result in criminal or civil prosecution. By accepting this EULA you hereby give permission to CardTapp to remotely disable your ability to use the Software.

INDEMNITY

You shall be liable for all costs and losses incurred by CardTapp as a result of your breach of this EULA, or any applicable law or regulation, any violation of third party rights, any use or misuse of the Software, or any communications spread by means of the Software.

JURISDICTION

You must represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist supporting country and are not listed on any U.S. Government list of prohibited or restricted parties. This EULA is governed by the laws of the State of Washington. If for any reason a court of competent jurisdiction finds any provision or portion of this EULA to be unenforceable, the remainder of the terms included herein will continue in full force and effect. You are responsible for compliance with any applicable laws and regulations.

APPLE DEVICE TERMS; THIRD PARTY BENEFICIARY

This Section applies to you only if you use the Software on an Apple device (e.g., iPhone, iPad, iPod Touch) (any such device, an “Apple Device”); This section does not apply to you if you do not use the Software on an Apple Device. The parties acknowledge that this EULA is concluded solely between CardTapp and you, and not with Apple, and Apple is not responsible for the Software and the Service and the content thereof. Any support that may be offered by CardTapp in connection with the Service is solely the responsibility of CardTapp and it is acknowledged by the parties that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software. The parties acknowledge that Apple has no obligation to furnish any warranty with respect to the Software. In the event of any failure of the Software to conform to any applicable warranty, if any, you may notify Apple, and Apple will refund the purchase price for the Software to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software. The parties acknowledge that Apple is not responsible for addressing product claims. Apple is not responsible for addressing any claims of any end-user or any third party relating to the Software or the end-user’s possession and/or use of that Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. The parties acknowledge that, in the event of any third party claim that the Software or your possession and use of that Software infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. Complaints or claims with respect to the Software should be directed to CardTapp at the following address: support@mortgagemapp.com. The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.

CONTACT INFORMATION

Please direct any questions, complaints or claims related to the Licensed Application to:

CardTapp, Inc.

support@cardtapp.com

1-855-827-7439