# End-User License Agreement

This End-User License Agreement (“Agreement”) is a legal agreement between you and H. Lindqvist AD&D (“Licensor”, “us”, “we” and “our”) stating the terms and conditions that govern your use of the “Automate” application for mobile devices (“Application”), the Licensor website (“Website”) for the purpose of viewing User Generate Content and such other services offered by Licensor (collectible the “Services”).

By downloading, installing and/or using the Application, you are indicating that you agree to be bound by and comply with the terms and conditions set forth in this Agreement. If you do not agree to these terms and conditions, do not download, install and/or use the Application.

## License

Licensor grants you a limited, non-transferable, non-sublicensable, non-assignable and revocable license to install and use the Application on a compatible device owned and controlled by you for your personal use, under this Agreement and as permitted by any usage rules that may be applicable pursuant to a separate agreement between you and Google Inc. (“App Distributor”). You agree to comply with any other third-party terms and conditions which may be applicable to your use of the Application (such as terms of agreement between you and App Distributor, hosting service or provider).

## Proprietary Rights

The Application is licensed not sold. As between you and Licensor, Licensor will retain all intellectual property rights in the Application, subject only to the licenses expressly granted herein. You must not remove any product identification, copyright notices or proprietary notices or restrictions from the Application. Nothing in this Agreement will be interpreted to grant any implied license to any intellectual property of Licensor. You may not reverse engineer, decompile, or disassemble the Application or otherwise reduce to human-perceivable form, except and only to the extent that the right to do so is mandated under applicable law notwithstanding this limitation or as expressly provided for in this Agreement.

## Third Party Components

Some portion of the software provided with the Application may be open-source, freeware, or other software that is included in or with the Application and provided to Licensor under license from third parties (“Third Party Components”). Such software is provided to you subject to terms and conditions of the applicable third-party software license agreement. Use of the Third Party Components by you will be governed entirely by the terms and conditions of such license, and not by this Agreement. To the extent any license for Third Party Components requires an offer to provide source code for those Third Party Components, this Agreement constitutes such an offer. You may request more information by contacting Licensor at info@llamalab.com.

## User Account

No registration is required in order use the Services. Some of the features of the Services may require you to log in which is done using third party authentication service, currently Facebook and Google+. We reserve the right to either discontinue such registration process or use any other service at any time. We reserve the right to change this at any time, requiring you to re-register with our Services through our registration process with our unique account. You are entirely responsible for maintaining the confidentiality of your password and account information. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Licensor immediately of any unauthorized use of your account or any other breach of security. Licensor will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Licensor or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the express permission of the account holder.

## User Generated Content

Licensor may now or in the future give you the ability to upload or submit content to the Application and/or Services. Whenever you make use of a feature that allow you to submit reviews and comments, add links, share and upload content to the Application and/or Services, or to interact or share content with other users, you must comply with the conditions set forth herein. Any and all media, images, games, music, sounds, graphics, video, or other materials and content of any kind that you make available (by uploading or otherwise) to other users of the Service (collectively, the “User Generated Content”) are at your sole responsibility. Licensor may, but is not required to backup any User Generated Content and is not responsible for any User Generated Content uploaded or otherwise made available by you or by any user of the Services. This means that you, and not Licensor, are entirely responsible for all User Generated Content uploaded and/or otherwise made available by you.

By making available User Generated Content you hereby warrant and represent that: (i) the use of the User Generated Content does not infringe upon any third party’s proprietary rights, including but not limited to intellectual property rights; (ii) you have fully complied with any third-party licenses, permits and/or authorizations required in connection with such User Generated Content; (iii) the User Generated Content does not contain any viruses, worms, Trojan horses or other harmful or destructive code or content; (iv) the User Generated Content is not unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability and does not violate any law and the right of privacy or publicity of any third party; and (v) the User Generated Content does not contain advertisements or solicitations of business.

Licensor reserves the right to remove any User Generated Content that, in the sole discretion of Licensor, is objectionable or restricts any other user from using and/or enjoying the Service or may expose Licensor, the Service, or any other user to potential liability.

You are and shall remain the sole owner of all rights in your User Generated Content; however, by posting to or making available User Generated Content through the Application and Services, you hereby grant Licensor a, perpetual, irrevocable, world-wide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Generated Content in connection with the Application and Licensor business, including without limitation for promoting and redistributing part or all of the User Generated Content (and derivative works thereof) in any media formats and through any media channels. You will remain the owner of the copyright in any original User Generated Content that you submit or upload and you continue to have the right to use your User Generated Content in any way you choose, provided such use does not interfere with or impair the rights you have granted to Licensor. You hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Licensor and other users’ use and enjoyment of such content in connection with the Application and related goods and services under applicable law. This license grant to Licensor, and the above waiver of any applicable moral rights, survives any termination of this Agreement.

UNDER NO CIRCUMSTANCES WHATSOEVER WILL LICENSOR BE LIABLE IN ANY WAY FOR ANY USER GENERATED CONTENT, INCLUDING, WITHOUT LIMITATION, FOR ANY ERRORS OR OMISSIONS IN ANY USER GENERATED CONTENT, OR FOR ANY INFRINGEMENT OF THIRD PARTY'S RIGHT, LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER GENERATED CONTENT TRANSMITTED, UPLOADED AND/OR OTHERWISE MADE AVAILABLE THROUGH THE APPLICATION AND SERVICES. YOU WILL INDEMNIFY LICENSOR FOR ALL CLAIMS RESULTING FROM ANY USER GENERATED CONTENT THAT YOU SUBMIT, UPLOAD.

## Prohibited Use

You agree not to transmit through the Application and/or Services any unlawful, harassing, libelous, abusive, threatening, vulgar, obscene or otherwise objectionable material of any kind. You agree to only use the Application and/or Services for lawful purposes, in compliance with all applicable laws including, without limitations, copyright, trademark, obscenity and defamation laws. Unlawful activities may include (without limit) storing, distributing or transmitting any unlawful material, attempting to compromise the security of any networked account or site, or making direct threats of physical harm.

You are prohibited from violating or attempting to violate the security of the Services by any and all means including without limitation the following: (i) accessing data not intended for you or logging into a server or account which you are not authorized to access; (ii) attempting to perform any technical security integrity review, penetration test, load test, denial-of-service simulation or vulnerability scan; (iii) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Services, overloading, “flooding”, spamming”, or “crashing”; or (iv) forging any TCP/IP packet header or any part of the header information in any email; (v) interfering with or disrupting the Services or servers or networks connected to the Services, or violating any requirements, procedures, policies or regulations of networks connected to the Services; (vi) accessing your account and associated services by any means other than by use of the Application or Website.

## Usage Limits

In order to ensure a safe and effective experience for all of our customers, Licensor reserves the right to limit the amount of data that may be accessed by you in any given time period. Licensor reserves the right to limit usage which may be harmful to other users or to the security and stability of the Service provided by Licensor. Usage limits may be amended at Licensor’s sole discretion from time to time.

## Third Party Websites and Services

Licensor may enable access and/or link to third party websites and services (collectively and individually referred to as “Third Party Services”). Licensor does not warrant or endorse any such Third Party Services and assumes no liability or responsibility for such Third Party Services or for any other materials, products or services of third-parties. Your use of Third Party Services is at your sole risk. Licensor makes no representation that the Third Party Services are appropriate or available for use in any particular location. Licensor reserves the right to change, suspend, remove or disable access to any Third Party Services at any time without notice. In no event will Licensor be liable for the removal of or disabling of access to, or loss of data by, any such Third Party Services.

## Consent to Use of Data

You agree that the Licensor, may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Application. The Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

## Disclosure of Account Information

You acknowledge, consent and agree that Licensor may access, preserve and disclose your information and User Generated Content if required to do so by law or in a good faith belief that such access preservation or disclosure is necessary to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any User Generated Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Licensor, users of the Services, and the public.

## Wireless Access Charges

Certain Application functions and Services require data access, and the provider of data access for your device may charge you data access fees in connection with your use of the Application. You are solely responsible for any data access or other charges you incur.

## Warranty Disclaimer

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS SHALL CREATE A WARRANTY. SHOULD THE APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

## Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

In no event shall Licensor’s total liability to you for all damages exceed the purchase price of the Application, or the amount of in-app purchases made by you in the previous three (3) months prior to the liability incurring. In the event the foregoing is deemed unreasonable by a court of competent jurisdiction, you agree that our liability is will not exceed $10. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

## Indemnification

You agree to indemnify, defend, and hold Licensor, its affiliates and their respective successors and assigns, officers, directors, employees, agents, licensors, representatives, advertisers, service providers, and suppliers harmless against any and all claims, demands, actions, losses, damages, costs and expenses (including reasonable attorneys’ fees), arising out of or relating to your (i) breach or violation of this Agreement, (ii) infringement, misappropriation or any violation of the rights of any other party, (iii) violation or non-compliance with any applicable law, rule or regulation, and (iv) use, alteration or export of the Application (or any component thereof) in violation of this Agreement.

## Continued Use or Availability

Licensor and its affiliates reserve the right to modify, update, supplement, limit, discontinue, remove or disable access to the Application and/or any Services without notice to you and neither Licensor, its affiliates nor any of their respective licensors shall be liable to you or any third party should it exercise such rights.

## Updates and Upgrades

You are only granted the right to the version of the Application as provided when installed and solely incorporating the features and functionality provided with such version. You are not granted any rights to any updates, upgrades, future versions, modifications, supplements, and/or additional features and components (including any online or external functionality or Services) of the Application that may subsequently be made available by Licensor with the Application or for use with the Application (collectively the “Updates”). From time to time, Licensor may make available Updates to the Application via download or other means. Such download may occur automatically without the need for any act on your part, or it may require you to manually download an update or upgrade through the same source from which the Application was originally downloaded. Certain functions of the Application may be modified or discontinued as a result of any such update or upgrade, or may not be available if you have not downloaded all Updates made available by Licensor or otherwise. Licensor may, in its sole and absolute discretion, provide you free of charge with Updates to the Application but reserves itself the right to charge additional sums for such Updates the amount of which shall be determined by Licensor in its sole and absolute discretion. Licensor does not warrant, represent nor undertake to provide Updates and in no event shall Licensor incur any liability for a failure to do so. Licensor may, in its sole and absolute discretion, by means of Updates or otherwise, offer Services as a complement to the Application and reserves itself the right to charge additional sums for same, including a monthly or yearly fee or a fee based on usage.

## Termination

This Agreement is effective until terminated by you or Licensor. Your rights under the license granted herein shall terminate automatically without notice from Licensor if you fail to comply with any terms or conditions of this Agreement. Upon termination of this Agreement, you shall cease all use of the Application and Services, and destroy all copies, full or partial, thereof.

## Governing Law, Jurisdiction and Venue

This Agreement and any disputes related to this Agreement or to the use of the Application or otherwise are subject to Swedish law. The United Nations Convention on Contracts for the International Sales of Goods is hereby excluded from application to this Agreement. All disputes arising out of this Agreement shall be settled by the courts of Stockholm, Sweden, which will have exclusive jurisdiction in respect of any such disputes.

## Changes to the Agreement

Licensor may, in its sole discretion, make any changes to this Agreement, from time to time with or without notice to you. Each time changes are made to this Agreement, a revised version of this Agreement, will be posted on this page. Your continued use of the Application and Services following such changes constitutes your acceptance of any such changes. You can review and are encouraged to check, from time to time, the most current version of this Agreement. At all times, the latest version of this Agreement shall be binding and prevail over any other version.

## Waiver and Severability

The failure of Licensor to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. In the event that any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect.