IMPORTANT—READ CAREFULLY:  This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Mobile Frontiers, LLC (“Mobile Frontiers”) for the VOLCANO – GEYSER software that accompanies this EULA (“Software”).  It includes computer software and any online or electronic documentation.

YOU AGREE THAT BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE YOU WILL BE BOUND TO THE TERMS OF THIS EULA.  IF YOU DO NOT AGREE, DO NOT INSTALL, COPY OR USE THE SOFTWARE.

1. GRANT OF LICENSE

Subject to the terms of this EULA, Mobile Frontiers hereby grants you a nonexclusive, nontransferable license, solely for your internal business purposes to install, use, access, display, run, or otherwise interact with one copy of the Software on a mobile device, up to the maximum number of licenses you have purchased.

2. LICENSE RESTRICTIONS

Your license to the Software is subject to the following limitations and restrictions:

1. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that applicable law expressly permits such activity.
2. The Software is licensed as a single product.  You may not separate its component parts for use on more than one computer.
3. This EULA does not grant you any rights in connection with any trademarks or service marks of Mobile Frontiers.
4. You may not rent, lease, lend, license, sublicense, convey, sell, transfer, publish, disclose, display or otherwise make available the Software or any right in the Software to any third party.
5. You may not modify the Software or create similar works based upon the Software.
6. You may not use the Software in connection with a system, product or network in any manner inconsistent with Your terms of use for that system, product or network, including but not limited to damaging a network, causing denial of service or other improper use, without the express permission of the owner of the system, product or network.
7. Mobile Frontiers reserves the right to modify, suspend or discontinue, temporarily or permanently, the Software or any service to which it connects, with or without notice and without liability to You.

3. TERMINATION

Without prejudice to any other rights, Mobile Frontiers may terminate this EULA if you fail to comply with the terms and conditions of this EULA.  Upon such termination, you must stop using the Software and destroy all copies of the Software and all of its component parts.

4. RESERVATION OF RIGHTS; COPYRIGHT, PATENT

Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties, including U.S. Patent No. 10,285,084, protect the Software.  The Software is licensed, not sold. Other than the license granted to you, this EULA does not convey to you any intellectual property rights in or to the Software, including any update or upgrade to the Software.  You acknowledge and agree that Mobile Frontiers retains all right, title, and interest in and to the Software and you have no right, title or interest in or to the Software or related documentation, other than the license specified in this EULA.

5. LIMITED WARRANTY

Mobile Frontiers warrants that the Software will perform substantially in accordance with the accompanying materials for a period of thirty (30) days from the date of the original purchase (the “Limited Warranty”).  If you report a warranty claim within thirty (30) days from the date of the original purchase, Mobile Frontiers’s entire liability and your exclusive remedy for a breach of this Limited Warranty shall be, at Mobile Frontiers’s option, either (a) return of the price paid, if any, or (a) repair or replacement of the Software that does not meet Mobile Frontiers’s Limited Warranty described in this paragraph.  Any replacement software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication or use other than in a manner consistent with the terms and conditions of this EULA.

6. NO OTHER WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOBILE FRONTIERS AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, ALL OF WHICH YOU AGREE TO WAIVE.  NEITHER DOES MOBILE FRONTIERS WARRANT THAT ANY OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ACKNOWLEDGE THAT PROGRAMS AND HARDWARE CAN MALFUNCTION OR BECOME ALTERED, RESULTING IN LOSS OF DATA, AND THAT YOU SHOULD IMPLEMENT PERIODIC BACKUP PROCEDURES AND VERIFICATION OF DATA ACCURACY. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.  THE EXCLUSION OF IMPLIED WARRANTIES SET FORTH ABOVE SHALL NOT APPLY TO THE EXTENT THAT SUCH EXCLUSION IS PROHIBITED BY APPLICABLE LAW.

7. LIMITATION OF LIABILITY

MOBILE FRONTIERS SHALL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  EXCEPT AS SET FORTH ABOVE IN SECTION 5, ANY LIABILITY OF MOBILE FRONTIERS TO YOU RELATED TO THIS AGREEMENT SHALL NEVER EXCEED THE TOTAL SUM ACTUALLY PAID BY YOU TO MOBILE FRONTIERS PURSUANT TO THIS AGREEMENT FOR LICENSE OF THE SOFTWARE OVER THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE LIABILITY.  MOBILE FRONTIERS HAS NO LIABILITY FOR ANY ERROR OR OTHER PROBLEM THAT OCCURS ON YOUR NETWORK. IF A MOBILE DEVICE IS LEFT UNATTENDED AND UNLOCKED, MOBILE FRONTIERS HAS NO LIABILITY FOR SUCH CONSEQUENCES. MOBILE FRONTIERS HAS NO LIABILITY FOR ANY COSTS ASSOCIATED WITH THE USE OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION COSTS ASSOCIATED WITH YOUR RATE PLAN.

8. DISPUTES

The laws of the Commonwealth of Virginia shall apply to all matters arising under or related to this Agreement, without reference to conflicts of laws principles.  Any dispute regarding this Agreement shall be litigated in a court of law located in Fairfax County. The parties consent to the exclusive exercise by such courts of personal jurisdiction over them and each party waives any objection it might otherwise have to venue, personal jurisdiction, inconvenience of forum, or any similar or related doctrine. The parties agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods do not apply to this Agreement.

9. EXPORT RESTRICTIONS

You acknowledge that the Software is of U.S. origin and subject to U.S. export jurisdiction.  You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.

10. MISCELLANEOUS

This EULA is the entire agreement between you and Mobile Frontiers relating to the Software, superseding all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Software or any other subject matter covered by this EULA.  If a court of competent jurisdiction holds that one section of the EULA is not lawful, the rest of the EULA remains valid and in force. A party’s failure to exercise any right under this EULA will not constitute a waiver of (a) any other terms or conditions of this EULA, or (b) a right at any time afterward to require compliance with the terms of this EULA.  Each party is an independent contractor and does not have the authority to bind, represent or commit the other party to any obligation. Nothing in this EULA will be deemed or construed to create a joint venture, partnership or agency relationship between the parties for any purpose.