End User License Agreement

Posted 1807 days ago by Mark

END USER LICENSE AGREEMENT

BY DOWNLOADING THIS MOBILE APPLICATION, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS.

This End User License Agreement (the “Agreement”) for the Buzzworthy/buzzworthyapp.com (together with any updates, the “Application”) is
a legal agreement between user (“You” or “Your”), and Innovention Lab, Inc. (“Innovention Lab”). By accessing, downloading, copying or
otherwise using the Application, You acknowledge that You have read this Agreement, understand it, and agree to be bound by its terms
and conditions. If You do not agree to the terms and conditions of this Agreement, do not access, download, copy or use the Application.
Innovention Lab will not and does not grant You access to the Application unless You agree to the terms of this Agreement.

In consideration of the promises and covenants described below, and other good and valuable consideration, You agree as follows:

1. License Grant; Compliance with Terms of Use. The Application is licensed, not sold, and Innovention Lab reserves all rights not
expressly granted in this Agreement. Subject to the terms and conditions hereof, Innovention Lab grants You a personal, nonexclusive,
nontransferable, non-sublicenseable, limited license to download and use the Application on a mobile device that You own or control.

2. License Restrictions. Except as specifically provided herein, You may not: (i) distribute or make the Application available over
a network where it could be used by multiple devices at the same time; (ii) copy the Application; (iii) modify, adapt, translate,
reverse engineer, make alterations, decompile, disassemble or make derivative works based on the Application, except as otherwise
permitted by law; or (iv) use, rent, loan, sub-license, lease, distribute or attempt to grant other rights to the Application to third
parties.

3. Ownership. All of the content featured or displayed in or through the Application (“Content”) and all trademarks, service marks
and trade names of Innovention Lab included therein, are owned by Innovention Lab, its licensors, vendors, agents and/or its Content
providers.

4. Your Warranty to Innovention Lab. You represent and warrant that: (i) You have the authority to bind Yourself to this Agreement;
(ii) Your use of the Application will be solely for purposes that are permitted by this Agreement; and (iii) Your use of the Application
will comply with all local, state and federal laws, rules, and regulations (“Laws”).

5. Privacy. By using the Application, you agree that Innovention Lab may collect and use certain information about you, your mobile
device, your use of the Application and the Application’s performance.

6. Disclaimer of Warranties and Indemnification. Innovention Lab will not be liable for losses or damages arising from or in any
way related to your access or use of the Application. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Innovention Lab IS LICENSING
THE APPLICATION “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” Innovention Lab MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE
SUITABILITY, RELIABILITY, TIMELINESS, AND ACCURACY, FOR ANY PURPOSE, OF THE APPLICATION, THE OPERATION OF THE APPLICATION ALONE OR IN
CONJUNCTION WITH ANY DEVICE, OR THE CONTENT CONTAINED HEREIN. Innovention Lab DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED,
REGARDING THE APPLICATION AND ITS OPERATION AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.

7. Affiliate Disclosure. Per Federal Trade Commission’s 16 CFR § 255.5 regulations. Innovention Lab, may use affiliate ids, links,
or codes at its discretion through data You share. Innovention Lab may receive a monetary compensation when You or a viewer clicks a
link and purchases a product or service.

8. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL Innovention Lab BE LIABLE FOR ANY CONSEQUENTIAL,
INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR OTHER RELATED OR SIMILAR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS
OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE CONNECTED WITH THE USE OF OR INABILITY TO USE THE
APPLICATION, AND FOR ANY CAUSE OF ACTION, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF Innovention Lab HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY DAMAGES ARISING UNDER THIS AGREEMENT OR THE USE OF THE APPLICATION THAT Innovention Lab
IS REQUIRED TO PAY FOR ANY PURPOSE WHATSOEVER, INCLUDING WITHOUT LIMITATION, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL
BE LIMITED TO TWENTY FIVE DOLLARS ($25.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU UNDER THE LAWS OF THOSE STATES. No action, regardless of form, whether
in court or through arbitration, arising out of any transaction under this Agreement, may be brought by You more than one year after You
have knowledge of the occurrence which gives rise to the cause of such action.

9. Indemnity. You agree to indemnify and hold harmless Innovention Lab and its affiliates, officers, directors, employees,
consultants, agents and anyone providing information or software used in the Application from any and all claims arising from, related
to, or incidental to Your use of the Application.

10. Termination. This Agreement is effective until terminated. Innovention Lab may immediately terminate this Agreement at any time
at its sole discretion with or without notice to you. Additionally, Your rights under this Agreement will terminate automatically if you
fail to comply with any term(s) of this Agreement. Upon termination, all legal rights and licenses granted to You hereunder shall
terminate immediately and You shall cease all use of the Application and destroy all copies of the Application. All sections that may be
reasonably interpreted to or are intended to survive this Agreement will survive this Agreement.

11. Governing Law. This Agreement shall be governed by the laws of the State of North Carolina in the United States, without giving
effect to the State of North Carolina’s choice of law principles. You irrevocably consent to the exclusive jurisdiction and venue of the
state or federal courts in [County] Wake, North Carolina, USA for all disputes arising out of or relating to this Agreement. If any
action is brought to enforce, or arises out of, the Agreement or any term, clause, or provision hereof, the prevailing party shall be
awarded its reasonable attorney’s fees together with expenses and costs incurred with such action.

12. Acknowledgment of Understanding/Entire Agreement. You acknowledge that You have read this Agreement, understand it and agree to
be bound by its terms and conditions. You also agree that this Agreement is the complete and exclusive statement of the Agreement
between Innovention Lab and You and supersedes all proposals, representations or prior agreements, oral or written, and any other
communications between Innovention Lab and You relating to the subject matter of this Agreement.

13. Severability. You agree that the terms and conditions stated in this Agreement are severable. If any paragraph, provision, or
clause in this Agreement shall be found or be held to be invalid or unenforceable in any jurisdiction, the remainder of this Agreement
shall be valid and enforceable.

14. Assignment and Transfer. Innovention Lab may assign, transfer, sell, rent or lend this Agreement, in whole or in part, at any
time without notice to You. You may not assign this Agreement or any part of it or any rights to use the Application, in whole or in
part, either temporarily or permanently, to any other party. Any attempt to do so is void.

15. Amendment of this Agreement. Innovention Lab RESERVES THE RIGHT TO MODIFY OR AMEND THIS AGREEMENT FROM TIME TO TIME WITHOUT
NOTICE. YOUR CONTINUED USE OF THE APPLICATION FOLLOWING THE POSTING OF CHANGES TO THE AGREEMENT WILL MEAN YOU ACCEPT THOSE CHANGES.

BY DOWNLOADING THIS MOBILE APPLICATION, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS.

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