END USER LICENSE AGREEMENT & TERMS OF USE

PLEASE READ THIS END USER LICENSE AGREEMENT AND TERMS OF USE (“EULA”) CAREFULLY BEFORE ACCEPTING THIS EULA, UNDER WHICH YOU WILL BE AUTHORIZED TO USE CERTAIN HOSTED SOFTWARE, MOBILE APPLICATIONS, AND OTHER DOWNLOADED OR ONSITE SOFTWARE (THE “SOFTWARE”) THAT IS LICENSED OR PROVIDED BY 365LABS, LLC (“365LABS” OR “US”) TO YOU. BY CLICKING TO ACCEPT THIS EULA OR BY USING THE SOFTWARE, YOU INDICATE YOUR ACCEPTANCE OF THIS EULA IN ITS ENTIRETY. THIS EULA SETS FORTH YOUR LEGAL RIGHTS AND OBLIGATIONS RELATED TO 365LABS’ SOFTWARE. IF YOU DO NOT ACCEPT THIS EULA, DO NOT USE THE SOFTWARE.

This EULA is a legal agreement between you and 365Labs and governs your use of the Software. You are authorized to use the Software, subject to your agreement to the following terms and conditions. All rights not expressly granted herein are reserved by 365Labs.

Changes to EULA:

365Labs may update this EULA at any time without notice to you. The most current version of the EULA can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of our Web pages.

If you object to any changes in this EULA, you may discontinue your use of the Software.

In consideration of 365Labs’ provision of the Software and related services to you, you agree with us as follows:

1. LICENSE AND ACCESS TO SOFTWARE AND 365LABS MATERIALS. 365Labs grants to you a license to use the downloaded Software (FieldNotes mobile application). These rights may include the right to upload appropriate user data to the Software, view the user’s data in the Software, and modify and update that user data. You understand and acknowledge You acknowledge and agree that the Software, 365Labs’ web portal, text, graphics, logos, images, content and other materials made available by 365Labs (the “365Labs Materials”), may be modified and updated from time to time by 365Labs, in its sole discretion.
2. USER OBLIGATIONS. You warrant to us that you will use the Software and 365Labs Materials solely for your personal, internal law enforcement purposes, and you will not use them for any purpose that is unlawful or that is prohibited by this EULA. Without limiting this warranty, you specifically agree:
   • You will not share your password or access to your Software account with any other person or entity, including without limitation any competitor of 365Labs. You are responsible for any misuse of the Software under your account or password.
   • You will not use the Software in any manner that could damage, disable, overburden, or impair the Software or interfere with any other party’s use and enjoyment of the Software.
   • You will not obtain, or attempt to obtain, any materials or information on or through the Software by circumventing any access or use restrictions or by any other unauthorized methods, such as hacking or password mining.
   • You may not use any bots, spiders, page-scraping or other automated or manual processes or methods to copy or monitor the Software or any of its contents.
   • You will not upload to the Software any libelous or unlawful content or any materials or instructions that may cause harm or injury, or that violate any person’s right of privacy or any copyright, trademark, or other intellectual property rights.
   • You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any other way use or exploit any of the content of the Software or other 365Labs Materials other than for their authorized purposes.
   • You will not delete or alter any proprietary rights or attribution notices in any content or 365Labs Materials obtained through the Software.
   • You agree that you do not acquire any ownership rights in any content posted by 365Labs, its licensors, or other third parties, or in any 365Labs Materials. We do not grant you any licenses, express or implied, to any 365Labs Materials except as expressly provided in this EULA, in connection with such content or materials.
3. OWNERSHIP, PRIVACY POLICY, AND DATA USAGE RIGHTS.
   (a) The 365Labs Materials are the property of 365Labs or its suppliers or licensors, and are protected by copyright and/or other laws protecting intellectual property and proprietary rights. You agree to comply with all copyright and other notices, legends or restrictions applicable to any 365Labs Materials.
   (b) Please refer to 365Labs’s privacy policy, which informs users of 365Labs’s policies and practices related to collection, storage, processing, destruction, and other use of your personal data.
   (c) The Software tracks metadata and other statistical and usage data related to your use of the Software and other portions of the Software (“Usage Data”) and provides such data to us. We will own and have the right to distribute and use Usage Data for any legal purpose.
   (d) If you provide any suggestions, ideas or feedback to us (“Feedback”), we will have a royalty-free, worldwide, irrevocable, perpetual license to use such Feedback and incorporate it into or use it to improve our software, products and services. 365Labs shall solely own all right, title and interest in and to any software and intellectual property developed by it, regardless of whether it is based on, or incorporates, any Feedback.
4. LINKS TO THIRD PARTY SITES. If you decide to access or use any third-party websites linked to the Software, you do this entirely at your own risk.
5. TRADEMARKS. 365Labs’ name and its trademarks, service marks and logos, as well as any other 365Labs product names or logos displayed on our website or Software, are registered or unregistered trademarks of 365Labs, LLC. The names and marks of any third parties on our website are the property of their respective owners and may also be trademarks. Our trademarks may be used publicly only with our prior written permission.
6. TERM AND TERMINATION. This EULA is valid until terminated by 365Labs or by You. Your rights under this license will terminate automatically and without notice from 365Labs if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
7. NO ASSIGNMENT. You may not assign this EULA or your Software account to any other person or entity.
8. NO WARRANTIES; DISCLAIMERS. THE SOFTWARE AND OTHER 365LABS MATERIALS ARE PROVIDED TO YOU “AS IS.” 365LABS MAKES NO WARRANTIES TO YOU, EXPRESS OR IMPLIED, AND DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL 365LABS BE LIABLE UNDER THIS EULA FOR ANY LOST PROFITS, LOST DATA, INTERRUPTIONS OF BUSINESS, OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR OTHER 365LABS MATERIALS, REGARDLESS OF WHETHER WE HAVE NOTICE OF THE POTENTIAL FOR SUCH LOSS OR DAMAGE.
9. APPLICABLE LAWS.
   (a) We control the Software from our offices in the United States of America. We make no representation that the 365Labs Materials are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited.
   (b) You may not use or export the 365Labs Materials in violation of U.S. export laws and regulations.
   (c) Our provision of the Software and other 365Labs Materials and services is subject to existing laws and legal process, and nothing contained in this EULA limits our right to comply with governmental, court and law enforcement requests or requirements.
10. MISCELLANEOUS. Unless otherwise specified herein, this EULA constitutes the entire agreement between you and us with respect to the Software. This EULA supersedes all other prior or contemporaneous communications and understandings, whether electronic, oral or written, between you and us with respect to the Software. If any provision of this EULA is found void or unenforceable, all other provisions will remain in full force and effect. The failure to enforce any right or provision of this EULA will not constitute a waiver of future enforcement of that right or provision.