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END USER LICENSE AGREEMENT
for BST10 Mobile Application

Last Updated: [5/11/2016]

THIS END USER LICENSE AGREEMENT (THIS “AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU AND BST CONSULTANTS, INC., DBA BST GLOBAL, STATING THE TERMS THAT GOVERN YOUR USE OF THE BST10 MOBILE APPLICATION (THE “APP”). BY CLICKING “I ACCEPT” OR BY INSTALLING AND/OR USING THE APP, YOU ARE AGREEING TO ALL OF THE TERMS AND CONDITIONS STATED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “AGREE”, INSTALL OR USE THE APP. YOU MUST ACCEPT AND ABIDE BY THE TERMS OF THIS AGREEMENT AS PRESENTED TO YOU: CHANGES, ADDITIONS AND DELETIONS ARE NOT ACCEPTABLE.

We,” “us,” “our,” and “BST” refers to BST Consultants, Inc., dba BST Global, for and on behalf of itself and its subsidiaries and affiliates. “I”, “you,” “your,” and “Authorized User” (as defined below) refers to the individual that wishes to use the App.

Please read this Agreement carefully. By installing or using the App, you represent that: (i) you are employed by or affiliated with a customer (“Customer”) of BST’s Enterprise Resource Planning solution (the “Service”) that is subject to any of BST’s license agreement or terms of use (hereinafter collectively referred to as a “Customer Agreement”), and (ii) you are authorized by such Customer to use the Service, (making you, an “Authorized User”). This is a legal agreement between BST and the Authorized User. Neither Apple Inc. nor its majority-owned affiliates (collectively, “Apple”) is a party to this Agreement except as may be set forth herein. As between Apple and BST, BST is solely responsible for the App and the content of this Agreement.

You represent that you are authorized to agree to and will comply with the following terms on behalf of the Customer, and references to “you” and “your” herein shall be deemed to refer to you as a duly authorized representative of the Customer. If you do not have such authority, are not an Authorized User, or do not agree to the terms of this Agreement (including without limitation the BST Privacy Policy), you may not install or use the App, or if you have already downloaded the App, you must uninstall and delete all copies of the App from any stored device or location.

1. LICENSE.

(a) Conditioned upon your compliance with the terms and conditions of this Agreement, BST grants you a non-exclusive and non-transferable license to use the App on your mobile device, including without limitation, any smartphone, tablet or other device running on the iOS operating system (collectively, “Device”), that you own or control or are authorized to use by Customer and as permitted by Apple (i.e.,pursuant to any applicable terms and conditions, license terms and other Apple requirements, as the case may be, which are defined herein as the “Usage Rules”).

(b) This Agreement does not allow you to use the App on any Device that you do not own or control, and you may not distribute or make the App 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 App. You may not copy (except as expressly permitted by this Agreement and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the App).

2. DATA COLLECTION AND PRIVACY.

(a) The App may collect information about your use of the App, including information you provide directly or through automated means, such as geolocation (only if you choose to share it), App usage, Device identification, Device type and available memory, login credentials, and other information as outlined in BST’s Privacy Policy, available at https://bstglobal.com/privacy-policy/. BST may use this information for purposes specified in the Privacy Policy, such as marketing, service delivery, and product improvement. You acknowledge and agree that your use of the Service is subject to the BST Privacy Policy.

(b) User log-ins and passwords are for designated Authorized Users and may not be shared or used by anyone other than the designated Authorized User to whom the Authorized User log-in and password has been assigned. When you login to the App to access your Customer account on the Service, your Authorized User log-in and password will be made available to such App. BST will use your Authorized User log-in and password in the App to connect you with Customer’s licensed Service; the Service is governed by the Customer Agreement in effect between BST and Customer. You will be responsible for the confidentiality and use of your Authorized User log-in and password. You are not permitted to share your Authorized User log-in or password with any other person or persons. You are responsible for all activities conducted under your Authorized User log-in.

(c) The App may provide you with the ability to connect with certain non-BST websites, services, and applications, which may allow the third party to collect or share information about your use of the App (the “Third Party Applications”) and are or may be governed by separate agreements. You acknowledge and agree that BST is not responsible or liable for: (i) the availability, functionality, or accuracy of such Third Party Applications; or (ii) the content, products, or services on or available from such Third Party Applications. Access to such Third Party Applications does not imply any endorsement by BST of such Third Party Applications or the content, products, or services available from or through such Third Party Applications. You acknowledge sole responsibility for and assume all risk arising from your use of any Third Party Applications, as well as all responsibility and risk related to any terms and conditions or other agreements which govern such Third Party Applications and your relationship with the providers of such Third Party Applications. Furthermore, you agree and acknowledge that by using the App, you are in compliance with the terms and conditions of those Third Party Applications which you access through the App and that you remain liable for any such usage.

3. NO MAINTENANCE AND SUPPORT. You acknowledge that neither BST nor Apple has any obligation under this Agreement to provide any maintenance and support services or updates with respect to the App. BST shall determine, in its sole discretion, the level of support it will provide for the App, and any such support shall be subject to change without notice.

4. OWNERSHIP. Title to and ownership of the App remains with BST and its licensors, including but not limited to all copyrights, trademarks, and the “look and feel” of the App. Except for the limited rights set forth herein, you do not acquire any interest in the App by virtue of entering into this Agreement.

5. TERM AND TERMINATION. You may terminate this Agreement by destroying all copies of the App. Your right to use the App will end immediately if you fail to comply with any of the terms of this Agreement, or upon the earlier of (i) the expiration, termination or suspension of the Service or of the Customer Agreement governing the use of the Service, or (ii) the expiration, termination or suspension of your status as an Authorized User, in which case you will destroy all copies of the App. Upon such termination, the Customer, including you, shall cease all use of the App and delete or destroy all copies of the App in Customer’s and your possession. Termination of this Agreement shall not entitle the Customer or you to any refund, credit, or other compensation from BST.

6. NO WARRANTY AND OTHER DISCLAIMERS. THE APP IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. BST DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BST OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. ANY WARRANTY IN EFFECT BETWEEN THE CUSTOMER AND BST, AS SET FORTH IN THE CUSTOMER AGREEMENT OR OTHERWISE, SHALL ONLY APPLY TO THE SERVICE AND SHALL NOT APPLY TO THE APP.

BST IS SOLELY RESPONSIBLE FOR ANY PRODUCT WARRANTIES, WHETHER EXPRESS OR IMPLIED BY LAW, TO THE EXTENT NOT EFFECTIVELY DISCLAIMED. IN THE EVENT OF ANY FAILURE OF THE APP TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE FOR THE APP TO YOU. APPLE SHALL HAVE NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APP AND NO OBLIGATION TO ADDRESS ANY OF YOUR CLAIMS OR CLAIMS OF ANY THIRD PARTY RELATING TO THE APP OR YOUR POSSESSION AND/OR USE OF 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.

7. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL BST BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF BST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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. In no event shall BST’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 fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. BST reserves the right to change, suspend, remove, or disable access to the App at any time without notice. In no event will BST be liable for the removal of or disabling of access to the App. BST may also impose limits on the use of or access to the App, in any case and without notice or liability. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

You agree and acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes a third party’s intellectual property rights, BST, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

8. EXPORT COMPLIANCE. You agree to comply fully with all U.S. export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App, you represent and warrant that (i) you are not located in any 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) you are not listed on any U.S. Government list of prohibited or restricted parties. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear missiles, or chemical or biological weapons.

9. GENERAL. This Agreement is governed by and construed in accordance with the laws of the United States and the State of Florida, except that body of Florida law concerning conflicts of law. You and BST agree to submit to the exclusive jurisdiction of, and venue in, the courts of Tampa, Florida in any dispute arising out of or relating to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply to this Agreement. You agree that this Agreement is the complete agreement pertaining to the subject matter hereof (including reference to information contained in a URL or referenced policy) and this Agreement supersedes all prior or contemporaneous written or oral agreements or representations existing between you and BST with respect to such subject matter. You acknowledge that the terms of this Agreement (including the license for the App) are separate from the terms governing the Service, and that this Agreement does not include the grant of any right to use the Service. If any term of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain effective. BST’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such provision, or any other provision of this Agreement.

10. ACKNOWLEDGMENTS. Both parties acknowledge and agree that (i) this Agreement is between BST and you, and that Apple is not a party to this Agreement; (ii) that BST is solely responsible for the App and the content thereof; (iii) that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary hereof.

11. CONTACT INFORMATION. Please direct any questions or comments with respect to the App to BST Consultants, Inc., dba BST Global, 5925 Benjamin Center Drive, Suite 110, Tampa, FL 33634, 813-886-3300, or contact us at our website: bstglobal.com.