Effective Date: April 4, 2021

A license to the ISLAND App (the App) is not sold, but made available by PerfTech, Inc. (Licensor) through the Apple App Store, subject to your prior acceptance of this ISLAND Application End User License Agreement (EULA). Licensor reserves all rights in and to the App not expressly granted to you under this agreement.

By using the App, you a) acknowledge that you have read and understand this EULA; b) represent that you are 18 years of age or older; and c) accept this EULA and agree that you are legally bound by its terms. If you do not agree, do not use the App and delete it from your device.

a. Scope of License. Licensor grants to you a nontransferable license to use the App on any of your Apple-branded products, as permitted by the Usage Rules. The terms of this EULA will govern any content, materials, or services accessible from or purchased within the original App or any upgrades, replacements or successors to the original App. Except as described in the Usage Rules, you may not distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute, or sublicense the App and, if you sell the Apple Device on which the App resides to a third party, you must remove the App from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any Updates, or any part thereof (except as and only to the extent that any restriction stated above is prohibited by applicable law or may be permitted by the licensing terms governing use of any open-sourced components included with the App).

b. Consent to Use of Data. You agree that Licensor may collect and use technical data and related information—such as information about your device, system and application software, and peripherals—that is gathered periodically to facilitate providing you software updates, product support, and other services (if any) related to the App. 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. Licensor’s collection and use of information is subject to our privacy statement at: www.island-beta.instant.net/ISLAND_PrivacyPolicy.

c. Updates. Licensor may, in its sole discretion, provide updates to the App, which may include upgrades, error corrections, new features, or remove existing features (collectively, Updates). Updates may modify or delete in their entirety certain features and functionality. You agree that Licensor has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You acknowledge and agree that the App or portions of the App may not properly operate should you fail to download or otherwise obtain Updates. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of this EULA.

d. Termination. This EULA is effective until terminated by you or Licensor. Your rights under this EULA will terminate automatically if you fail to comply with any of its terms or if you delete or otherwise remove the App from all of your devices.

e. External Services. The App may enable access to Licensor’s and/or third-party services, applications and websites (collectively, External Services). You agree to use the External Services at your sole discretion and risk. Licensor is not responsible for examining or evaluating the content or accuracy of, and is not liable for, any third-party External Services. Data displayed by any External Service is for general informational purposes only and is not guaranteed by Licensor or its agents. You agree not to use the External Services in any manner that is inconsistent with the terms of this EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages and may not be appropriate or available for use in any particular location. If you choose to use such External Services, you are solely responsible to comply with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions on any External Services at any time without notice or liability to you.

f. Warranty Disclaimer. You expressly agree that use of the App is at your sole discretion and risk. To the maximum extent permitted by applicable law, the App and any services it supplies are provided “as is” and “as available.” Licensor expressly disclaims all warranties, whether express, implied, or statutory regarding the App, including without limitation any warranty of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, or of noninfringement of third-party rights. No oral or written information or advice given by Licensor or its representative (authorized or otherwise) shall create a warranty or similar guarantee. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.

g. Limitation of Liability. To the maximum extent permitted by law, in no event shall Licensor be liable 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 losses, arising from or related to your use of, or inability to use the App, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if Licensor has been advised of the possibility of such damages. Some jurisdictions do not permit disclaimers of liability, so this limitation may not apply to you. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law) exceed the amount of one hundred dollars ($100.00). These limitations will apply even if the above stated remedy fails of its essential purpose.

h. Limitation of Export and Use. You may not use, export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, the App may not be exported or re-exported (a) into any U.S.-embargoed countries 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. You agree and warrant that you will not use the App while located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, such as the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

i. Commercial Items. The App and related documentation are "Commercial Items" (defined in 48 C.F.R. §2.101), consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation" (as used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202). Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, 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 that are granted to all other end users pursuant to the terms and conditions stated here. Unpublished rights are reserved under the copyright laws of the United States.

j. Governing Law and Venue. Except to the extent provided here, this Agreement and the relationship between you and PerfTech, Inc., shall be governed by the laws of the State of Texas, excluding its conflicts of law provisions. You and PerfTech, Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Bexar, Texas, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of these countries: any EU country, Switzerland, Norway, or Iceland, you hereby agree that any dispute or claim arising from this Agreement shall be submitted to and governed by the laws and courts of your usual place of residence, without regard to any conflict of law provisions.