IMPORTANT – READ CAREFULLY. This End User License Agreement (“Agreement”) is a legal contract between you (“Licensee,” “you,” “your”) and Privacy4Cars, Inc. (“P4C,” “Company,” “we,” “us,” “our”), governing your use of that certain P4C’s software accompanying this Agreement and the related documentation (“Application”).

BY CLICKING ON THE “AGREE” BUTTON OR BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE APPLICATION, YOU (A) ACCEPT THIS AGREEMENT AND AGREE THAT LICENSEE IS LEGALLY BOUND BY ITS TERMS; AND (B) REPRESENT AND WARRANT: (1) YOU ARE 18 YEARS OF AGE OR OLDER/OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (2) IF LICENSEE IS A CORPORATION OR OTHER LEGAL ENTITY, YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF LICENSEE AND BIND LICENSEE TO ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST NOT USE OR DOWNLOAD THE APPLICATION.

License Grant. Subject to the terms of this Agreement and the Acceptable Use Policy attached as Exhibit A, Company grants you a revocable, personal, limited, non-exclusive and nontransferable, and nonsublicensable license to download, install, register with, access, and use the Application strictly in accordance with the terms herein and any of the Application’s documentation.
License Restrictions. You shall not: (i) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Application, (ii) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Application or any part thereof; (iii) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Application, including any copy thereof; (iv) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason; or (v) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Application
Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company, its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement. All title and intellectual property rights in and to the content that may be accessed through the Application is the property of the Company and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants you no rights to use such content.
Term and Termination. (a) The term of Agreement commences when you install or use the Application and will continue in effect until terminated by you or Company as set forth in this Section 4. (b) You may terminate this Agreement by deleting the Application and discontinuing any use of the Application. (c) Company may terminate this Agreement, and revoke your license, at any time without notice and at its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement. (d) Upon termination: (i) all rights granted to you under this Agreement will also terminate; and (ii) you must cease all use of the Application. (e) Termination will not limit any of Company’s rights or remedies at law or in equity. Sections 2, 3, and 5-15 survive termination.
Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, 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 APPLICATION, 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, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, 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. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY FOR DAMAGES ARISING FROM OR RELATED TO: (A) YOUR USE OF OR INABILITY TO USE THE APPLICATION, (B) THE APPLICATION OR ANY CONTENT OR SERVICE, (C) ANY ACTION OR INVESTIGATION BY LAW ENFORCEMENT, (D) ANY ERRORS OR OMISSIONS IN THE APPLICATION, (E) ANY ACTION TAKEN IN CONNECTION WITH OWNERS OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY, (F) INTERRUPTIONS OR DELAYS IN SERVICE; AND (G) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. BY ACCESSING THE APPLICATION, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF COMPANY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NEITHER IRREPARABLE NOR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE COMPANY, AND THAT YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE COMPANY.
Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement.
Export Regulation. The Application may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly, or indirectly, export, re-export or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Application available outside the US.
US Government Rights. The Application is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefore, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provisions will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Georgia. You consent and submit to personal jurisdiction by such courts and to venue in such courts.
Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Entire Agreement. This Agreement, Our Terms of Use and Privacy Policy set forth on our website located at https://vehicleprivacyreport.com, and any additional terms of use set forth on the Website constitute the entire agreement between you and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.
Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
15. Device Specific Provisions.
(a) Apple. The terms in this Section 14(a) only apply if you acquired the Application through the Apple App Store. You acknowledge that you are entering into this Agreement with P4C and not with Apple. However, Apple and its subsidiaries are third party beneficiaries of this Agreement and, as such, Apple may enforce this Agreement. P4C, not Apple, is solely responsible for the Application. Apple makes no warranty with respect to the Application and has no obligation whatsoever to furnish any maintenance and support services for the Application. Apple is not responsible for addressing any claims relating to the Application or your possession or use of the Application, including but not limited to: (i) product liability claims, (ii) any claims that the Application fails to conform to any legal or regulatory requirement, and (iii) claims arising under consumer protection and similar legislation. If a third party claims that the Application or your possession or use of the Application infringes a third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim. You acknowledge that you have reviewed the Apple App Store Terms and Conditions located online at http://www.apple.com/legal/itunes/us/terms.html#APPS and that you shall comply with such terms.

(b) Google. The terms in this Section 14(b) only apply if you are using the Application on a device operated by the Android™ operating system provided by Google. You acknowledge that you are entering into this Agreement with P4C and not with Google. If you have downloaded the Application from the Google Android application market presently named “Google Play,” you acknowledge that you have reviewed the Google Play Terms of Service located online at https://play.google.com/intl/en-US_us/about/play-terms.html and shall comply with such terms. Android is a trademark of Google.

(c) Wireless Carrier. Your use of the Application on a device may be subject to the terms and conditions of any service agreement with your wireless carrier. You agree that P4C will not be liable for any damages for any loss or disclosure of personal information occurring in communication over networks outside our control.

Exhibit A

Acceptable Use Policy

In addition to your compliance with the Agreement, you must comply with the following rules in order to download, install, register with, access, or use the Application. Failure to abide by the following rules will result in termination of your license to use the Application.

You may use our standard widgets, logos, and badges so long as your license is in good standing.
You must NOT collect, use, or solicit any passwords or other account credentials from other users of the Application.
You must NOT undertake any action that would disrupt or interfere with the Application, or other users’ use and enjoyment of the Application (including the servers or networks to which the Application is connected), including transmitting any malicious code, malware, viruses, worms, Trojan horses, or any type of content or code that is destructive or disruptive in any way.
You must NOT use any type of automated bot, scraper, crawler, spider, scanner, or other device that harvests information from the Application. You may not create an account through any such unauthorized means.
You must NOT take any action that would suggest or imply that the Application is associated with you, or any other website or entity.
Your use of the Application must comply with all applicable laws, and you are solely responsible for such compliance. This includes, with respect to any data you input into the Application, compliance with copyright law. You may not use the Application for any illegal or unlawful purposes.
You are solely responsible for all activity that occurs using your credentials (i.e., your username and password). Use of your credentials by anyone else is prohibited (except in the case of employees authorized to use credentials of a business or a business’s customers), however, someone else’s use of your credentials does not relieve you of your responsibility. You must keep your credentials secure.
Your credentials do NOT actually belong to you; they are licensed to you by Company. Therefore, you may not transfer (e.g., selling, licensing, or assigning) your credentials to any other person.
You are solely responsible for the data you input into the Application, and you represent to Company that all information you provide is true and accurate. You also represent that you have all necessary rights and consents to input such data and provide such information.

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