PROJECTMQ
END USER LICENSE AGREEMENT

These terms and conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and ProjectMQ (“we,” “us” or “our”), concerning your access to and use of the ProjectMQ mobile application as well as any other media form, media channel or any web site related, linked, or otherwise connected thereto (collectively, the “App”). You agree that by accessing the App, you have read, understood, and agree to be bound by this End User License Agreement (EULA). IF YOU DO NOT AGREE WITH THIS EULA, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE APP AND YOU MUST DISCONTINUE USE IMMEDIATELY.

1. The App is licensed to you, not sold to you, and ProjectMQ reserves all rights in and to the App that are not expressly granted to you under the terms and conditions of this EULA. By using the App, you represent and warrant that: (a) you are not under the age of 13; (b) not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the App; (c) you will not access the App through automated or non-human means, whether through a bot, script or otherwise; (d) you will not use the App for any illegal or unauthorized purpose; and (e) your use of the App will not violate any applicable law or regulation. You further agree that you will not: (y) attempt to solicit any publishing, business affiliations or any other transactions or arrangements from any other user or business entity affiliated with the App; or (z) use the App, in any manner, to market, distribute or sell products, programs and/or services to any user, or as an aid to marketing, the distribution or the sales of any such products, programs or services.

2. Scope of License: We grant to you a nontransferable license to use the App. You may not transfer, redistribute or sublicense the App or any of the content or materials contained therein. Additionally, you may not: (a) copy 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 that 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); (b) engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools; (c) use this App, or any information contained therein, to harass, abuse, intimidate or harm another person; (d) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (e) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; or (f) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of the App.

3. Intellectual Property Rights. Unless otherwise indicated, the App is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the App (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the App “AS IS” for your information and personal use only. Except as expressly provided in this EULA, no part of the App, Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

4. Consent to Use of Data: You agree that we may collect and use your demographic, technical data and other information related to your use of the App as long as it is in a form that does not personally identify you.

5. Termination. This EULA is effective until terminated by you or us. We reserve the right to terminate the same for any reason and may do so at any time. Your license and rights under this EULA will terminate automatically if you fail to comply with any of its terms.

6. External Services. The App may enable access to third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. We are not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by in the App by any External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by us. You will not use the External Services in any manner that is inconsistent with the terms of this EULA or that infringes on our intellectual property rights or that of any third party.

7. User Contributions.

(a) By posting your contributions (Contributions) to any part of the App, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize us to issue sublicenses of the foregoing (Contribution License). The use and distribution may occur in any media formats and through any media channels. This Contribution License will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions. WE DO NOT ASSERT ANY OWNERSHIP OVER YOUR CONTRIBUTIONS. YOU RETAIN FULL OWNERSHIP OF ALL OF YOUR CONTRIBUTIONS AND ANY INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS ASSOCIATED WITH YOUR CONTRIBUTIONS. We are not liable for any statements or representations in your Contributions provided by you in any area on the App. You are solely responsible for your Contributions to the App and you expressly agree to exonerate and indemnify us from any and all responsibility and to refrain from any legal action against us regarding your Contributions. We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the App; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

(b) We reserve the right, but do not have the obligation, to: (1) monitor the App for violations of this EULA; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or this EULA; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the App or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the App in a manner designed to protect our rights and property and to facilitate the proper functioning of the App.

8. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP, AND ANY SERVICES PERFORMED OR PROVIDED BY THE APP, ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY. SHOULD THE APP OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

9. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE 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 OF OR INABILITY TO USE THE APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE). Your only remedy is to discontinue use of the App and, in no event shall Licensor’s total liability to you for all damages exceed the amount of ten dollars ($10.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

10. You also agree that you will not use this App for any purposes prohibited by United States law. Additionally, the laws of the State of Georgia, excluding its conflicts of law provisions, shall govern our relationship with you. You agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Chatham County, Georgia, to resolve any dispute or claim arising from this EULA.