TABLET COMMAND, INC. END USER SOFTWARE LICENSE AGREEMENT

1. ACCEPTANCE OF TERMS

PLEASE READ THIS END USER SOFTWARE LICENSE AGREEMENT (“TERMS ”) BEFORE CLICKING THE “ACCEPT” BUTTON OR DOWNLOADING OR USING TABLET COMMAND, INC’S (“TABLET COMMAND”) MOBILE APPLICATION (THE “MOBILE APPLICATION”) ACCOMPANYING THIS LICENSE. These Terms will govern any content, materials, or services accessible from or purchased within the Mobile Application and upgrades provided by Tablet Command that replace or supplement the original Mobile Application. BY CLICKING THE “ACCEPT” BUTTON OR DOWNLOADING OR USING THE MOBILE APPLICATION, YOU (“YOU”, “YOUR” OR “USER”) ARE ENTERING INTO AND AGREEING TO BE BOUND BY THESE TERMS AND TABLET COMMAND’S PRIVACY POLICY (THE “PRIVACY POLICY”) INCORPORATED HEREIN BY THIS REFERENCE.

IF YOU DO NOT AGREE TO THESE TERMS DO NOT CLICK THE “ACCEPT” BUTTON AND YOU MAY NOT USE THE MOBILE APPLICATION.

Tablet Command reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms periodically. Such modifications shall be effective immediately upon your access to the Mobile Application. Your continued use of the Mobile Application following the posting of changes to these Terms will mean that you accept those changes. Tablet Command reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Mobile Application (or any part thereof). Tablet Command shall not be liable to any user of the Mobile Application or other third party for any such modification, suspension, or discontinuance except as expressly provided herein. By using the Mobile Application, you warrant to Tablet Command that you will not use the Mobile Application, or any of the content obtained from the Mobile Application, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use the Mobile Application automatically terminates. You represent and warrant that you are of legal age in your jurisdiction to create binding contractual and financial obligations and to assume any liability that you may incur because of your use of the Mobile Application. If you are accepting these Terms on behalf of an entity, you represent and warrant that you have prior authority and approval by such entity to accept and agree to these Terms. If you are accepting these Terms or accessing the Mobile Application as an authorized user of a Tablet Command customer, your use will also be subject to the terms of the services agreement between Tablet Command and its customer and the services agreement will take precedence over these Terms in the event of a conflict.

2. LICENSE GRANT AND OWNERSHIP

Tablet Command grants you a revocable, non-exclusive, non-sublicensable, non-transferrable, non-assignable limited right to install and use the Mobile Application on a device owned or controlled by you (each a “Mobile Device”), and to access and use the Mobile Application on such Mobile Device for personal non-commercial use and strictly in accordance with the terms and conditions of these Terms and Apple’s App Store and Google Play Store Terms and Conditions, the applicable provisions of which are incorporated herein by this reference. These Terms do not entitle you to receive from Tablet Command hard-copy documentation, support, telephone assistance or enhancements or updates to the Mobile Application. You will not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Mobile Application; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Mobile Application; (c) violate any applicable laws, rules or regulations in connection with your access or use of the Mobile Application; (d) remove, alter or obscure any proprietary notice (including, without limitation, any notice of copyright or trademark) of Tablet Command or its affiliates, partners, suppliers or the licensors of the Mobile Application or otherwise obscure or modify the any manner in which the material is displayed by means of the Mobile Application; or (e) sell, resell, or offer for any commercial purposes, any portion of the Mobile Application, use of the Mobile Application, or access to the Mobile Application. You may not distribute or make the Mobile Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute, or sublicense the Mobile Application and, if you sell your Mobile Device to a third party, you must remove the Mobile Application from the Mobile Device before doing so. In addition, you grant Tablet Command the irrevocable, royalty-free, fully paid-up right to view, record and analyze your use of the Mobile Application, including but not limited to technical information about your mobile device, computer, your physical location, system and application software, and peripherals.

You acknowledge and agree that, as between You and Tablet Command, Tablet Command is the exclusive owner of all right, title, and interest in and to the Mobile Application (including, without limitation, all updates, corrections, modifications and new versions thereof) and all intellectual property rights related thereto or inherent therein (collectively, “Tablet Command Property”). You agree to treat Tablet Command Property as proprietary information of Tablet Command subject to the provisions in these Terms. You do not acquire title to the Tablet Command Property or any related intellectual property or other rights except for the limited license granted herein.

3. RESTRICTED USE OF MOBILE APPLICATION

Tablet Command owns and operates the Mobile Application. The Mobile Application is for the purpose of assisting users in managing their human resources and apparatus during an emergency (the “Purpose”). THE MOBILE APPLICATION ONLY A TOOL AND IS NOT A SUBSTITUTE FOR SOUND FIRE MANAGEMENT TECHNIQUES AND PRACTICES IN EMERGENCY SITUATIONS. IF YOU DO NOT AGREE WITH ANY STATEMENTS IN THIS SECTION 3, OR DO NOT INTEND TO ACT IN ACCORDANCE WITH OR ABIDE BY THE STATEMENTS IN THIS SECTION 3, THEN DO NOT CLICK THE “ACCEPT” BUTTON AND YOU MAY NOT USE THE MOBILE APPLICATION. TABLET COMMAND AND ITS OFFICERS, DIRECTORS, STOCKHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS, AND ASSIGNS SHALL NOT BE LIABLE OR RESPONSIBLE FOR YOUR USE OF THE MOBILE APPLICATION IN VIOLATION OF THE TERMS OF RESTRICTED USE DESCRIBED IN THIS SECTION 3.

You may not use or otherwise export or re-export the Mobile Application except as authorized by United States law and the laws of the jurisdiction in which the Mobile Application was obtained. In particular, but without limitation, the Mobile Application may not be exported or re-exported (a) into any U.S.-embargoed countries or that has been designated by the U.S. Government as a “terrorist supporting” country; or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Mobile Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Mobile Application for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

4. GENERAL PRACTICES REGARDING USE AND STORAGE

Tablet Command may establish general practices and limits concerning use of the Mobile Application. In addition, you will use the Mobile Application in compliance with all applicable international, state, federal and local laws and in accordance with these Terms. You may not access or use the Mobile Application for any purpose other than that for which Tablet Command makes it available. Without limiting any other remedies, Tablet Command may suspend or terminate your Mobile Application account if we suspect that you have engaged in unlawful or prohibited activity in connection with the Mobile Application. Tablet Command reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who, in Tablet Command sole discretion, violates this provision. You acknowledge and understand that certain portions of the Mobile Application may require and utilize phone service, data access or text messaging capability.

5. TERMINATION

Tablet Command may terminate a user’s account in Tablet Command’s absolute discretion and for any reason. Tablet Command is especially likely to terminate for reasons that include, but are not limited to, the following: (a) violation of these Terms; (b) use of the Mobile Application in a manner inconsistent with the Purpose; (c) a user’s request for such termination; or (d) as required by law, regulation, court or governing agency order. Tablet Command may terminate any user’s access to the Mobile Application without notice and, on such termination, Tablet Command may immediately deactivate or delete user’s account and/or bar any further access to the Mobile Application. Tablet Command will not be liable to any user or other third party for any termination of that user’s access or account hereunder. In addition, a user’s request for termination will result in deactivation but not necessarily deletion of the account.

6. INDEMNITY; DISCLAIMER; LIMITATIONS OF LIABILITY

You will indemnify, defend and hold harmless Tablet Command, its affiliates, licensors and their respective officers, employees and agents, from all third-party claims, demands, damages, costs, and liabilities including reasonable attorneys’ fees, due to or arising out of your willful misconduct, negligence, or violation of these Terms.

EACH USER’S USE OF THE MOBILE APPLICATION IS AT HIS OR HER SOLE RISK. THE MOBILE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TABLET COMMAND ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. TABLET COMMAND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND ANY IMPLIED OBLIGATION TO INDEMNIFY FOR INFRINGEMENT. SPECIFICALLY, TABLET COMMAND MAKES NO WARRANTY THAT (i) THE MOBILE APPLICATION OR ANY SERVICE THEREON WILL MEET YOUR REQUIREMENTS AND (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

EXCLUDING ONLY DAMAGES ARISING OUT OF TABLET COMMAND’S WILLFUL MISCONDUCT, TABLET COMMAND, ITS AFFILIATES, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM ANY USER’S USE OR INABILITY TO USE THE MOBILE APPLICATION OR SERVICES THEREON (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, OR DATA) ARISING OUT OF OR IN CONNECTION WITH THE MOBILE APPLICATION, EVEN IF TABLET COMMAND HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE). IN NO EVENT SHALL TABLET COMMAND, ITS AFFILIATES’, OR LICENSORS’ TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS EXCEED $50.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN TABLET COMMAND AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS EXTEND RIGHTS TO ANY THIRD PARTY. SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE MOBILE APPLICATION. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY.

7. GENERAL

The Terms constitute the entire agreement between you and Tablet Command and govern your use of the Mobile Application, superseding any prior or contemporaneous agreements between the parties. You may be subject to additional terms and conditions that may apply when you use affiliate services of Tablet Command, third party content, or third-party software and you agree that you will comply with such terms and conditions. The Terms and your use of the Mobile Application are governed by the laws of the State of California, without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Mobile Application or these Terms will be brought solely in the United States District Court for the Northern District of California or the Superior and Municipal Courts of the State of California, Santa Clara County, as appropriate and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. Notwithstanding the foregoing, Tablet Command will always have the right to commence proceedings in any other court of our choice with the appropriate jurisdiction for interim injunctive relief.   To the extent allowed by applicable law, any claim or cause of action by you arising from or relating to your access or use of the Mobile Action must be brought within one year from the date on which such claim or action arose or accrued. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. No waiver of this Agreement will be binding upon either party unless made in a writing signed by both parties and no failure or delay in enforcing any right will be deemed a waiver. Tablet Command reserves the right to share or transfer personally identifiable information and aggregate information to a third party should Tablet Command ever file for bankruptcy or in the event of a sale, merger or acquisition of Tablet Command, Inc. You may not assign or otherwise transfer these Terms or any right granted hereunder. A printed version of these Terms and of any notices given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You agree that any material breach of Sections 2 and 3 will result in irreparable harm to Tablet Command for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Tablet Command will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Tablet Command seeks such an injunction.

The Mobile Application and related documentation are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

If you have any comments or questions regarding the Mobile Application, please direct them to: Tablet Command, Inc.

Tablet Command, Inc.

1212 Broadway Plaza, Suite 2100,

Walnut Creek, California, 94596

Attention: Chief Executive Officer

Email: support @tabletcommand. com

8. ADDITIONAL OBLIGATIONS SPECIFIC TO YOUR MOBILE DEVICE.

Without limitation, your use of the Mobile Application with any Apple® device, including iPhone®, iPod touch® and iPad™ mobile digital device, and any Android device is subject to the rules established by Apple Inc., including those terms set forth in the App Store Terms and Conditions located at http://www.apple.com/legal/itunes/ww/, the applicable provisions of which are incorporated herein by this reference, and any applicable terms by Google Inc. Google Inc. and Apple Inc. are herein collectively referred to as “Mobile Device Provider.” In the event of any failure of the Mobile Application on your Apple Inc. device to conform to any applicable warranty, You may notify Apple Inc. and Apple Inc. will refund to you the purchase price for the Mobile Application, if any; and, to the maximum extent permitted by applicable law, the Mobile Device Provider will have no other warranty, maintenance, or support obligation whatsoever to you with respect to the Mobile Application. The Mobile Device Provider is not liable for any claims by you or any third party relating to the Mobile Application, or your possession or your use of the Mobile Application, including, but not limited to, (a) any product liability claims; (b) any claim that the Mobile Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. iPhone, iPod touch and iPad are trademarks of Apple Inc. These Terms are solely between you and Tablet Command and not the Mobile Device Provider. However, Mobile Device Provider and its subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Mobile Device Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as third-party beneficiary hereto.