END USER LICENSE AGREEMENT

 

THIS END USER LICENSE AGREEMENT (“EULA”) GOVERNS YOUR USE OF Sand Tiger Health, Inc.’s (“Sand Tiger”) CarePeeps™ platform located at www.carepeeps.com and mobile application (collectively, the “Application”).  YOUR USE OF THE APPLICATION CONSTITUTES YOUR ACCEPTANCE OF THIS EULA.

 

  1. LICENSE GRANT. Sand Tiger hereby grants to you a non-exclusive, non-transferable license to use and access the Application solely for your own non-commercial use, and solely for the duration of the applicable subscription of the Application.

 

  1. RESTRICTIONS. You shall not: (i) sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit the Application by making it available to any third party or use the Application to provide a hosted service to any third party in competition with Sand Tiger; (ii) decompile, disassemble, attempt to discover the source code or reverse engineer any portion of the Application, or permit any third parties to do so; (iii) create derivative works of the Application; (iv) use the Application to send spam or otherwise duplicative, unsolicited or fraudulent messages in violation of applicable laws; (v) use the Application to send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (vi) use the Application to send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) intentionally interfere with or disrupt the integrity or performance of the Application; (viii) share product keys, passwords or similar tokens with any third party; or (ix) disclose or use any proprietary or confidential information of Sand Tiger other than solely in connection with your use of the Application.

 

  1. USER OBLIGATIONS. You agree to keep your account information, such as your account username and password, confidential. You are responsible for the activity that happens on or through your account.  You shall (i) notify Sand Tiger immediately of any unauthorized use of any password or account or any other known or suspected breach of security and take all reasonable steps to stop the security breach; (ii) report to Sand Tiger immediately and use reasonable efforts to stop immediately any unauthorized copying or distribution of content that is known or suspected by you; and (iii) not impersonate another user or provide false identity information to gain access to or use the Application.

 

  1. ACCOUNT INFORMATION AND DATA.  Sand Tiger is not responsible for any data, information or materials that you use with the Application. You are solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use all of such data, information or materials. Sand Tiger shall not be responsible for the deletion, correction, destruction, damage, loss or failure to store or backup any such data.

 

  1. INTELLECTUAL PROPERTY RIGHTS. Sand Tiger retains all intellectual property rights and protections in the Application.

 

  1. TERMINATION/SUSPENSION. Your rights to use the Application shall automatically terminate if you breach any term of this EULA or upon termination of the applicable subscription for the Application.   If you breach any term of this EULA, in addition to other remedies Sand Tiger is entitled to seek injunctive relief without the need to post any bond or demonstrate actual damages.

 

  1. INCORPORATION OF TERMS AND CONDITIONS AND PRIVACY POLICY. In addition to this EULA, by utilizing the Application, you shall be subject to Sand Tiger’s Terms and Conditions located at www.carepeeps.com/terms and Privacy Policy located at www.carepeeps.com/privacy, which are incorporated herein by reference, including, without limitation, the disclaimers and limitations of liability set forth therein.

 

  1. PROVISIONS RELATING TO APPLE. Although you can download the Application through the Apple Store App and use the Application on Apple iPhones, iPods, iPads or other Apple devices pursuant to the limited, non-transferable license to use the Application on your Apple device, Sand Tiger, and not Apple, is solely responsible for the Application and the content of the Application. Apple is not responsible for: (i) the content of the Application; (ii) providing maintenance or support services for the Application; (iii) any product warranties, whether express or implied by law, or other warranty obligations (except as set forth below); (iv) any claims, including product liability claims, losses, liabilities, damages, cost, or expenses attributable to any failure of the Application to conform to any warranty or failure to conform to any applicable legal or regulatory requirement, or arising out of consumer protection or other similar legislation; and (v) the investigation, defense, settlement and discharge of any intellectual property claim brought by a third party against you or Sand Tiger.  If you are downloading the Application through the Apple Store App, you acknowledge and agree that you are only using the Application on an Apple device that you own or control, and you are using it as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. You further acknowledge and agree that Apple, and its subsidiaries, will have the right (and will be deemed to have accepted the right) to enforce these terms as a third party beneficiary thereof. You represent and warrant to Apple that (i) you are not located in a country that is subject to a U.S. Government embargo or that is designated as a “terrorist supporting country”; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.