YourSix End User License Agreement

This End User License Agreement (this “Agreement”) is a binding agreement between the corporation, governmental organization or other legal entity on whose behalf you are accessing the Software (“End User” or “you”) and YourSix Inc. (“YourSix”).

SUBJECT TO THE FOLLOWING PARAGRAPH, YOURSIX PROVIDES THE SOFTWARE SOLELY ON THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT AND ON THE CONDITION THAT YOU ACCEPT AND COMPLY WITH THEM. BY ACCESSING AND/OR USING THE SOFTWARE YOU (A) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS; AND (B) REPRESENT AND WARRANT THAT: (I) YOU ARE 18 YEARS OF AGE OR OLDER; AND (II) YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE END USER AND BIND THE END USER TO ITS TERMS.

End User may have a separate written agreement with YourSix regarding access to and use of the Software. If that is the case, that separate agreement, and not this Agreement, governs End User’s access to and use of the Software.

Please note that YourSix may update this Agreement from time to time as described in Section 15(e). YourSix encourages End User to regularly check this page for updates to the Agreement.

1. Definitions. For purposes of this Agreement, the following terms have the following meanings:

“App” means the YourSixOS mobile application available in the iOS and Google Play app stores and such other app stores as YourSix may designate from time to time.

“Authorized Users” means solely those individuals authorized to use the Software pursuant to the License granted under this Agreement by the applicable Customer Agreement.

“Captured Data” means all data, still or video images or recordings, audio recordings and all other information captured by or input into the Software.

“Confidential Information” means all non-public business, financial, marketing, and technical information of YourSix that by its nature should be recognized as confidential or proprietary. Confidential Information includes the Software and Documentation.

“Customer Agreement” means the agreement entered into by and between End User and a Third Party reseller of the Software, for End User’s acquisition of the License to the Software granted pursuant to this Agreement.

“Documentation” means user manuals, technical manuals, training materials, API documentation and any other materials provided by YourSix, in printed, electronic, or other form, that describe the installation, operation, use, or technical specifications of the Software.

“Intellectual Property Rights” means any and all registered and unregistered rights granted, applied for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world.

“Law(s)” means all international, federal, state, county and municipal laws, ordinances, regulations, and orders applicable to either party’s performance of its obligations or exercise of its rights under this Agreement, in each case as they exist now and as they may be amended from time to time.

“Person” means an individual, corporation, partnership, joint venture, limited liability company, governmental authority, unincorporated organization, trust, association, or other entity.

“Software” means the YourSixOS software platform, including the App.

“Third Party” means any Person other than End User or YourSix.

2. License Grant and Scope. Subject to and conditioned upon the terms and conditions set forth in this Agreement, YourSix hereby grants to End User a non-exclusive, non-transferable, non-sublicensable, limited right during the Term to use the Software and Documentation solely for End User’s internal business purposes in accordance with the applicable Documentation, solely as set forth in this Section 2 and subject to all conditions and limitations set forth in Section 5 or elsewhere in this Agreement or the Customer Agreement (the “License”). This License grants End User the right to:

(a) With respect to those portions of the Software other than the App, access and use such Software.

(b) Download, install and use the App for use on mobile devices owned or otherwise controlled by End User (“Mobile Device”).

(c) Download or otherwise make a reasonable number of copies of the Documentation and use such Documentation, solely in support of its licensed use of the Software in accordance herewith. All copies of the Software and Documentation made by End User: (i) will be the exclusive property of YourSix; (ii) will be subject to the terms and conditions of this Agreement; and (iii) must include all trademark, copyright, patent, and other Intellectual Property Rights notices contained in the original.

3. Responsibility for Use, Data. End User is responsible and liable for all uses of the Software and Documentation through access thereto provided by End User, directly or indirectly. Specifically, and without limiting the generality of the foregoing, End User is responsible and liable for all actions and failures to take required actions with respect to the Software and Documentation by its Authorized Users or by any other Person to whom End User or an Authorized User may provide access to or use of the Software and/or Documentation, whether such access or use is permitted by or in violation of this Agreement. End User will be responsible for, and assumes the risk of any problems resulting from, the content, accuracy, completeness, and consistency of information supplied by End User or any Authorized User, including for obtaining all necessary consents to permit YourSix’s use of Captured Data as described in this Agreement.

4. No Penetration Testing. End User shall not conduct penetration testing against the YourSix production environment without the prior written consent of YourSix.

5. Use Restrictions. End User shall not, and shall not permit any Third Party (including its Authorized Users) to, directly or indirectly:

(a) use (including make any copies of) the Software, Documentation or Captured Data beyond the scope of the License granted under Section 2, including in a way that circumvents a contractual usage limit;

(b) assign, sell, transfer, resell, license, sublicense, distribute, rent or lease the Software or Captured Data, or include the Software in a service bureau, timesharing or outsourcing offering, or otherwise make the Software, Documentation or Captured Data available to, or use the Software, Documentation or Captured Data for the benefit of, any Third Party other than Authorized Users;

(c) copy, alter, modify, adapt, translate, frame, mirror, deface, decompile, disassemble, create derivative works of, reverse engineer, or gain access to the source code, object code, or underlying structure, ideas, or algorithms of any part of the Software, Documentation or Captured Data, any related systems, networks or stored data, or any portion or component thereof;

(d) access Software, Documentation or Captured Data in order to (i) build a competitive product or service, (ii) copy any features, functions or graphics, or (iii) create, train or otherwise improve any artificial intelligence or machine learning tools;

(e) interfere with or disrupt the integrity or performance of the Software, Captured Data or Third Party data contained therein;

(f) use the Software to store or transmit viruses, Trojans, worms, time bombs, and other harmful or malicious code, files, scripts, agents or programs;

(g) use the Software, Documentation or Captured Data in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, harasses or abuses any person, or that violates any Laws or could constitute any criminal or tortious act, including by using the Software to store or transmit any harassing, abusing, deceptive, infringing, obscene, pornographic, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party rights;

(h) remove, modify, alter, cover or obscure any proprietary notices or labels affixed to the Software, Documentation or Captured Data or any portion thereof;

(i) combine the Software, Documentation or Captured Data or any part thereof with, or incorporate the Software, Documentation or Captured Data or any part thereof in, any other software programs; or

(j) attempt to undertake any of the foregoing.

End User shall promptly notify YourSix if End User becomes aware of any violation of any of the restrictions described in this Section 5 by itself or any Third Party (including any Authorized User) and fully cooperate with YourSix in any legal action taken by YourSix to enforce such restrictions or its Intellectual Property Rights.

6. Fees. All fees for End User’s use of the Software are set forth in the Customer Agreement. No fees are due directly from End User to YourSix, and in no event will YourSix be required to provide any form of refund to End User. No expiration or termination of this Agreement shall affect End User’s obligation to pay all fees that may have become due under the applicable Customer Agreement before such expiration or termination.

7. Maintenance and Support.

(a) The License granted hereunder may entitle End User to certain maintenance and support services upon the terms and conditions set forth in the applicable Customer Agreement. End User acknowledges and agrees that any obligation that YourSix may have to provide maintenance and support to End User is set forth in the applicable agreement(s) between YourSix and Customer’s reseller, and that YourSix has no obligation to End User to provide maintenance and support.

(b) As part of the License, YourSix will provide to End User such updates, upgrades, bug fixes, patches, and other error corrections (collectively, “Updates”) as YourSix makes generally available free of charge to all licensees of the Software. YourSix may develop and provide Updates in its sole discretion, and End User agrees that YourSix has no obligation to develop any Updates at all or for particular issues. End User further agrees that all Updates will be deemed Software, and related documentation will be deemed Documentation, all subject to all terms and conditions of this Agreement.

(c) Without limiting the remainder of this Section 6, YourSix has no obligation to provide maintenance and support services, including Updates: (i) for any but the most current version or release of the Software; (ii) for any copy of Software for which all previously issued Updates have not been installed; (iii) if End User is in breach under this Agreement; or (iv) for any Software that has been modified other than by or with the authorization of YourSix, or that is being used with any hardware, software, configuration, or operating system not specified in the Documentation or expressly authorized by YourSix in writing.

8. Collection and Use of Information.

(a) End User acknowledges that YourSix may, directly or indirectly through the services of Third Parties, collect and store information regarding use of the Software and about equipment on which the Software is installed or through which it otherwise is accessed and used, including Captured Data, in each case as further described in our Privacy Policy (located at https://www.yoursix.com/privacy-policy/) and/or Data Protection Addendum located at https://www.yoursix.com/data-processing-agreement-dpa/ (“DPA”), each of which is incorporated herein by reference as it may be updated by YourSix from time to time.

(b) End User agrees that YourSix may use such information for any purpose related to any use of the Software by End User or on End User’s equipment, including but not limited to: (i) improving the performance of the Software or developing Updates; (ii) verifying End User’s compliance with the terms of this Agreement and enforcing YourSix’s rights, including all Intellectual Property Rights in and to the Software; and (iii) for any other purpose described in the DPA.

(c) As between the parties, all Captured Data is owned by YourSix. End User represents and warrants that it will use the Captured Data only in compliance with Law. End User is solely responsible for installing, operating and using the Software in compliance with Law, including complying with any Laws governing recording or privacy, and for making all disclosures, posting all notices and obtaining all consents required by Law for the operation and use of the Captured Data, and including use by YourSix for improving the Software and its and its vendors’ product offerings.

(d) End User is solely responsible for maintaining data at all times including, but not limited to, the maintenance and integrity of such as ‘saves’, ‘shares’, ‘back ups’, ‘disclosures’, ‘deletions’ or ‘alterations’. YourSix will not be liable for any alterations or loss of data, including as a result of End User’s failure to take recommended precautions.

(e) Notwithstanding anything to the contrary in this Agreement, YourSix may monitor End User’s use of the Software and collect and compile data and information related to End User’s use of the Software, including based on Captured Data as well as statistical and performance information related to the provision and operation of the Software, that is used by YourSix in an aggregated and anonymized manner (“Aggregated Statistics”). As between YourSix and End User, all right, title, and interest in Aggregated Statistics, and all Intellectual Property Rights therein, belong to and are retained solely by YourSix. End User agrees that YourSix may (i) make Aggregated Statistics publicly available in compliance with Laws, and (ii) use Aggregated Statistics to the extent and in the manner permitted under Law; provided that such Aggregated Statistics do not identify Customer.

9. Intellectual Property Rights.

(a) End User acknowledges and agrees that the Software and Documentation, and all other Confidential Information, are provided under license, and not sold, to End User. End User does not acquire any ownership interest in the Software or Documentation, or any other Confidential Information, under this Agreement, or any other rights thereto, other than to use the same in accordance with the License granted and subject to all terms, conditions, and restrictions under this Agreement. YourSix and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Software and Documentation, and all other Confidential Information, and all Intellectual Property Rights arising out of or relating to the foregoing, except as expressly granted to End User in this Agreement.

(b) The Software may include software, content, data, or other materials, including related documentation, that are owned by Third Parties other than YourSix and that are provided to End User on terms and conditions that are in addition to and/or different from those contained in this Agreement, which may include certain open source software components (“Third-Party Licenses”). A list of all materials, if any, included in the Software and provided under Third-Party Licenses are set forth in the Documentation. Documentation may also include the applicable flow-through provisions as communicated to End User by the applicable Third Party reseller or licensor of such third party materials. End User is bound by and shall comply with all Third-Party Licenses. Any breach by End User or any of its Authorized Users of any Third-Party License is also a breach of this Agreement.

(c) End User hereby grants to YourSix a royalty-free, worldwide, transferable, sublicensable (through one or more tiers), irrevocable, perpetual license to use, modify, create derivative works of, incorporate into the Software or otherwise exploit in any manner any suggestions, enhancement requests, recommendations or other feedback provided by End User, including by Authorized Users (“Feedback”). YourSix is not obligated to use any particular Feedback.

10. Term and Termination.

(a) This Agreement and the License granted hereunder shall commence when End User accesses the Software pursuant to an applicable Customer Agreement and acknowledges acceptance of this Agreement and shall remain in effect for so long as End User maintains an active subscription to the Software under the applicable Customer Agreement (the “Term”).

(b) YourSix may terminate this Agreement, effective upon written notice to End User, if: (i) End User materially or persistently breaches this Agreement; (ii) End User files, or has filed against it, a petition for voluntary or involuntary bankruptcy or pursuant to any other insolvency law, makes or seeks to make a general assignment for the benefit of its creditors or applies for, or consents to, the appointment of a trustee, receiver, or custodian for a substantial part of its property; or (iii) YourSix’s applicable resale agreement with the reseller with whom End User maintains its Customer Agreement expires or is terminated.

(c) Upon expiration or earlier termination of this Agreement, the License granted hereunder shall also terminate, and End User shall immediately (i) cease using the Software and uninstall the App; and (ii) cease using and destroy all copies of Documentation and other Confidential Information.

(d) This Section 10(d) and the following Sections will survive the expiration or termination of this Agreement: 1, 3–6, 8–9, and 11–15.

11. Disclaimer of Warranties. THE SOFTWARE AND DOCUMENTATION ARE PROVIDED TO END USER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOURSIX, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, 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, YOURSIX PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, THAT THE LICENSED SOFTWARE WILL MEET THE END USER’S REQUIREMENTS; ACHIEVE ANY INTENDED RESULTS; PREVENT ANY LOSS, DAMAGE OR INJURY (INCLUDING BODILY INJURY OR DEATH), INCLUDING DUE TO THEFT, DURESS OR OTHER CRIMINAL OR WRONGFUL ACTS, FIRE, MEDICAL EMERGENCY OR OTHERWISE; ACHIEVE ANY RESPONSE TIME; BE COMPATIBLE, OR WORK WITH, ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES; OPERATE WITHOUT INTERRUPTION; MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE; OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. YOURSIX ALSO PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, REGARDING ANY THIRD PARTY, INCLUDING AS TO THE RESPONSE TIME OF EMERGENCY RESPONSE PROVIDERS TO AN ALARM SIGNAL.

12. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW:

(a) IN NO EVENT WILL YOURSIX OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO END USER OR ANY THIRD PARTY FOR ANY USE, INTERRUPTION, DELAY, OR INABILITY TO USE THE SOFTWARE; LOST REVENUES OR PROFITS; DELAYS, INTERRUPTION, OR LOSS OF SERVICES, BUSINESS, OR GOODWILL; LOSS OR CORRUPTION OF DATA; LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION, OR SHUTDOWN; FAILURE TO ACCURATELY TRANSFER, READ, OR TRANSMIT INFORMATION; FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION; SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION; OR BREACHES IN SYSTEM SECURITY; OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT YOURSIX WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) IN NO EVENT WILL YOURSIX’S AND ITS AFFILIATES’, INCLUDING ANY OF ITS OR THEIR RESPECTIVE LICENSORS’ AND SERVICE PROVIDERS’, COLLECTIVE AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, EXCEED THE LESSER OF (i) THE FEES PAID BY END USER TO THE APPLICABLE RESELLER FROM WHOM IT PURCHASED ACCESS TO THE SOFTWARE FOR SUCH ACCESS TO THE SOFTWARE IN THE PRECEDING SIX (6) MONTHS; AND (ii) ONE THOUSAND DOLLARS ($1,000).

(c) THE LIMITATIONS SET FORTH IN SECTION 12(a) AND SECTION 12(b) SHALL APPLY EVEN IF THE END USER’S REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.

13. Indemnification. End User will defend, indemnify, and hold YourSix and its and its and their officers, directors, employees, contractors, agents, licensors, service providers, successors and assigns harmless from and against any and all third party claims, actions, and proceedings, and any resulting damages and liabilities (including but not limited to reasonable attorney’s fees and expenses), arising out of (a) the Captured Data or End User (or its Authorized User’s) use of the Software; (b) violation of Law by End User or any Authorized User; (c) any breach of this Agreement by End User; or (d) the negligence or willful misconduct of End User or its Authorized Users.

14. Confidentiality. End User shall treat, and shall ensure its Authorized Users treat, Confidential Information in the same manner as it treats its own confidential and proprietary information but shall, in all events, use at least reasonable efforts to protect the confidentiality thereof. Except as expressly permitted under the Agreement, the End User shall not, and shall ensure its Authorized Users do not, distribute or disclose Confidential Information to any Third Party without YourSix’s consent, or to any of its employees, contractors or other representatives without a need to know such information in connection with the purposes set forth herein. Confidential Information shall be used by the End User only for the purposes set forth herein and End User shall restrict its Authorized User’s use of Confidential Information to the same. End User’s obligations under this Section will survive the expiration or termination of this Agreement notwithstanding End User’s obligations in Section 10(c).

15. Miscellaneous.

(a) All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby shall be instituted in the federal courts of the United States of America or the courts of the State of Minnesota in each case located in the City of Minneapolis and County of Hennepin and each party irrevocably submits to the exclusive jurisdiction of such courts in any such legal suit, action, or proceeding.

(b) YourSix will not be responsible or liable to End User, or deemed in default or breach hereunder by reason of any failure or delay in the performance of its obligations hereunder where such failure or delay is due to strikes, labor disputes, civil disturbances, riot, rebellion, invasion, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or non-availability of electrical power, heat, light, air conditioning, or End User equipment, loss and destruction of property, or any other circumstances or causes beyond YourSix’s reasonable control.

(c) This Agreement is the complete agreement between End User and YourSix with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

(d) Failure to insist upon strict compliance with any of the terms, covenants or conditions of the Agreement shall not be deemed a waiver of that term,
covenant or condition or of any other term, covenant or condition of the Agreement. Any waiver or relinquishment of any right or power hereunder at any one or more times shall not be deemed a waiver or relinquishment of that right or power at any other time. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

(e) YourSix may update or change any part of this Agreement at any time. If YourSix does so, it will notify End User through a notification within the Software or by posting the updated or changed Agreement at https://www.yoursix.com/end-user-license-agreement-eula/ or the other applicable URL with an updated “last updated” date at the bottom of the document. The updated or changed Agreement will be effective and binding upon its posting, so YourSix encourages End Users to return to its website and review this Agreement periodically.

(f) YourSix may provide any notices pursuant to this Agreement through the Software or to the address set forth on the Customer Agreement. End User must provide any notices pursuant to this Agreement by e-mail, nationally-recognized overnight courier or first-class mail, postage prepaid, return receipt requested, to 1611 County Road B West, Suite 102, Roseville, MN 55113 or such other address as YourSix may specify by written notice.

(g) End User shall not assign or otherwise transfer the Agreement, in whole or in part, whether by merger, equity purchase, operation of law or otherwise, nor delegate or subcontract any of its rights or obligations hereunder, without YourSix’s prior written consent. Any attempted assignment in violation of this Section shall be null and void and of no force or effect. The Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns.

(h) The Software is a “commercial item” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48. C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. government end users acquire the Software only with those rights set forth in this Agreement.

(i) The following terms also apply when the End User uses the App as obtained from either the Apple App Store or Google Play Store (the providers of such distribution methods each an “App Distributor”):

i. This Agreement is an agreement between YourSix and the End User, not with the App Distributor.

ii. The License granted to the End User for the App is limited to a non-transferable (except in the case of family sharing or volume purchasing mechanisms permitted by the App Distributor) license to use the App on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service.

iii. The applicable reseller, not the App Distributor, is responsible for addressing End User’s or any third-party claims relating to the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. These Terms of Use do not limit our liability beyond what is permitted by applicable law.

iv. As between YourSix and the App Distributor, YourSix is responsible for providing any maintenance and support services with respect to the App as specified in this Agreement or as otherwise required under applicable law, and End User acknowledges that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

v. in the event of any third-party claim that the App infringes that third-party’s intellectual property rights, the applicable reseller, not the App Distributor, is solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

vi. in the event of any failure of the App to conform to any applicable warranty, End User may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App.

vii. End User represents and warrants that (i) it is 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 (ii) it are not listed on any U.S. government list of prohibited or restricted parties.
viii. End User must comply with applicable third-party terms of agreement when using the App, e.g., if the App constitutes a VoIP application, then End User must not be in violation of its wireless data service agreement when using the App.

ix. End User acknowledges and agrees that the App Distributors are third-party beneficiaries of this Agreement, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce this Agreement against End User as a third-party beneficiary thereof.

x. YourSix Inc. is located at 1611 County Road B West, Suite 102, Roseville, MN 55113. If End User has any questions, complaints, or claims with respect to the App, they should contact the applicable reseller from whom they purchased their License.

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Last Updated: February 18, 2026