Quickdraw END USER LICENSE AGREEMENT

 
The Quickdraw mobile application enables you (the "User") to automatically activate certain features of your smartphone by movement of the phone into previously programmed positions ("Quickdraw" or the "Application"). Seal Mobile ID Ltd. ("Seal") allows use of the Application under the terms and conditions of the license detailed below (the “Terms”). By accessing, viewing, or using the Application you confirm that you have read and understood these Terms, agree to and accept them and intend to be legally bound by them. If you do not agree to these Terms, you are not granted permission to use the Application and must cease any and all use of the Application immediately and delete the Application from your device.
 
1.      License. Subject to the terms herein, Seal grants you a non-exclusive, non-transferable license to use the Application on your smart phone according to the instructions therein, and in strict compliance with these Terms. The term "Application" as used herein shall include the Application made available for use by you herein, including services, products, information and other materials on, and made available through the Application and including any enhancements, translations, modifications, updates, releases, versions, and other changes to the Application provided under these Terms. The terms of the license will govern any upgrades provided by Seal that replace and/or supplement the original Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
 
2.      Registration. In order to use the Application, you will be asked to register and create an account. As part of the registration process, you will be asked to select a login and password. You may be required to provide Seal with certain information about yourself including some types of personally identifying information such as your email address. You are fully responsible for your account, including use of the account by any third party and maintaining the confidentiality of your password. You may terminate your account at any time by uninstalling the application
 
3.      Consent to Use of Data. You agree that Seal may collect and use technical data and personal information, including but not limited to system and application software state, accelerometer data that is gathered periodically from your smartphone and information about peripherals, in order to facilitate the operation of the Application, provision of other services (if any) related to the Application, and for Seal's continuous research and development to improve the Application and develop further applications or products; as long as it is in a form that does not personally identify you.
 
4.      Battery Consumption & Data Usage Charges. You acknowledge that the Application may be active at all times whether or not actually accessed (background activity) and as such shall require consumption of  your smartphone's battery, and may also result in data usage charges, as determined in the agreement and/or any other terms of use applicable between you and your mobile service provider.
 
5.      Proprietary Rights. As between User and Seal, all rights in and to the Application are proprietary to Seal or its affiliates, licensors, or suppliers. Under no circumstances will you have any rights of any kind in or to the Application, other than the right to use the Application in accordance with these Terms.
 
6.      Third Party Applications and Content. Parties other than Seal, including other users, may provide applications and content which utilize the Application and integrate the Application into its product and/or services (the "Third Party Applications"). Use of Third Party Applications and/or any material or content on and made available through the Third Party Application is entirely at your own risk. Seal does not endorse and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on Third Party Applications, and the transactions you conduct or enter into with third parties. Your use of Third Party Applications is at your own risk, and subject to the terms and conditions of such Third Party Applications.
 
7.      Unauthorized Activities. You agree not to modify, distribute, copy, exchange, disseminate, archive, reproduce, transmit, publicly display, publicly perform, broadcast, retransmit, publish by hard copy or electronic means, adapt, edit, compile or create derivative works of the Application or otherwise use the Application in any way for any purpose without prior written approval of Seal. You agree that you will not use the Application for (a) any illegal or unauthorized purposes that violate any laws (including intellectual property rights and laws); (b) modifying, adapting or hacking into the Application; (c) uploading, posting, hosting, or transmitting worms or viruses or any code of a destructive nature; (d) unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (e) to gain unauthorized access to Seal's computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the Application or any services provided through the Application. You acknowledge and agree that the unauthorized use of the Application could cause irreparable harm to Seal and that, in the event of such unauthorized use, Seal shall be entitled to an injunction in addition to any other remedies available at law or in equity.
 
8.      Privacy Statement. Any data and information that you provide to Seal and/or that shall be provided to Seal through the use of the Application as aforesaid is subject to our Privacy Policy. For more information, you can to view the Privacy Policy which is incorporated into these Terms by reference, as if set forth fully herein. Please be advised that the confidentiality of any communication or material transmitted to Seal via the Application or Internet electronic mail cannot be guaranteed, including, for example, personal information such as your address or name. Alternatively, you may contact Seal Customer Service if you have additional questions. 
 
9.      Disclaimer. Seal is not responsible for and does not guarantee the accuracy or completeness of any content, products, software, services, links, advertisements or other items contained within the Application. Seal reserves the right to immediately remove any content, product or service for any reason or for no reason. The Application is made available "As Is" and "with all fault". Seal, its affiliates, licensors, or suppliers make no representations or warranties, and disclaim TO THE FULLEST EXTENT PERMITTED BY LAW all representations and warranties, with respect to the Application, whether express, implied OR OTHERWISE. aLL warranties of merchantability, fitness for a particular purpose, accuracy, system integration, non-interference, quality, and non-infringement OF THIRD PARTY RIGHTS ARE HEREBY EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
 
10.  Limitation of Liability.  Seal, its affiliates, licensors, or suppliers shall not be liable for any indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including lost revenues or lost profits, arising from the use of, access to, or inability to use the Application, regardless of legal theory, whether or not User or Seal had been advised of the possibility or probability of such damages, and under no circumstances will the total liability of Seal, its licensors, or suppliers to you or any other person or entity in connection with, based upon, or arising from the Application, exceed the price paid by you for use of the Application, if any.
 
SOME jurisdictions DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY as aforesaid, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.  If you are dissatisfied with the APPLICATION, or with any of these Terms, or feel Seal has breached these Terms, your sole and exclusive remedy is to discontinue using the Application.
 
11.  Indemnification.  To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Seal, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Application; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms and your use of the Application.
 
12.  Changes to these Terms; Termination.  Seal reserves the right at any time to modify, alter or update these Terms. Notice of any new or revised Terms will be transmitted to you via the Application. Your use of the Application following any changes means that you agree to follow and be bound by the terms as changed. These Terms and the license granted hereunder shall continue until terminated by either party in accordance with the provisions hereof. Your rights under this license will terminate automatically without notice if you fail to comply with any term(s) hereof.
 
13.  Governing Law and Jurisdiction.  These Terms represent the entire agreement between you and Seal with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of New York, USA, without reference to its conflict of law rules. By accessing, viewing, or using the services, works, content, or materials on the Application, you consent and agree to (a) the exclusive jurisdiction of the courts located in the City of New York, New York, USA; (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial any jurisdictional and venue defenses available.
 
14.  Miscellaneous.  Seal makes no representation that the Application, is appropriate or available for use in any or all jurisdictions, and should not be accessed in or from any territories where such access is illegal or prohibited. Those who choose to access the Application from other locations do soon their own volition and are responsible for compliance with applicable laws. The waiver or failure of Seal to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party hereto will be deemed to be a third party beneficiary of these Terms or any provision hereof.
 

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