This End User License Agreement states the terms that govern your use of all BallaBloc mobile apps and other separately distributed BallaBloc software applications (each, the  "Application") and all updates, upgrades and additional modules provided by BallaBloc that replace and/or supplement the original Application (unless any such update, upgrade or  module is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern). For purposes of this End User License Agreement, "BallaBloc" or "We" means BallaBloc, LLC, any of its U.S. affiliates, or any successor to any of the foregoing. Your use of the Application is also subject to any other agreements (including privacy policies and customer agreements) and terms and conditions, in each case as updated from time to time, that may apply to your use of specific services that can be accessed from, performed by, displayed on or linked to through the Application ("Services"). This End User License Agreement, together with all the foregoing agreements and terms and conditions (which are hereby incorporated by reference) collectively constitute the "agreement" that is referred to herein. You agree to abide by all the terms of the agreement, and your use of the Application constitutes your acceptance of all such terms. If you do not agree to any term of the agreement, do not use the Application.

1. HARDWARE REQUIREMENTS

There are different versions of the Application, each of which is designed to operate only with a specific type of hardware configuration. Such hardware configuration consists of a compatible smartphone, tablet, computer or other device operating either alone or, depending on the particular Service, in combination with receiving equipment authorized by BallaBloc to access such Service. Such hardware configuration is referred to collectively as the "Hardware". For the LEASE EQUIPTMENT, it is our responsibility to obtain the correct version of the Application designed to operate with such Hardware. Certain features of the Application may not be available, or may differ, depending on the specific Hardware you obtain. Solely as an accommodation to you, the Application may be re-downloaded (through the same source from which it was originally downloaded) for use with the applicable Hardware. Without notice to you, this accommodation may be unavailable at any given time, or may be suspended or revoked at any time. BallaBloc reserves the right to modify Hardware requirements at any time.

2. INTERNET ACCESS REQUIRED

Use of the Application requires internet access. It is your responsibility to obtain internet access. High speed internet access with unlimited data usages is strongly recommended.  If your internet access is subject to a data cap, usage-based billing or a metered access plan, using the Application to stream or download content will use more of your available data allowance than other features. You are solely responsible for paying all charges associated with your internet access, including subscription, overage, roaming and other applicable fees and penalties. If the Services you are authorized to access include content streaming or downloading, certain components of the Application may use the processing capabilities, memory and bandwidth of the Hardware with which it operates for the limited purpose of establishing a connection with or between other users of the Application to facilitate content distribution. Certain Hardware orHardware operating system settings may restrict such connections and may require administrative access to enable such connections. If you do not have administrative access to the Hardware with which the Application operates or to such Hardware's operating system, certain Services (such as content streaming or downloading) or features of the Application may not be available or may not function optimally or as intended.

3. USE WITH BALLABLOC SERVICES

An application is designed to operate only with those Services that have been authorized by BallaBloc to be accessed from, performed by, displayed on or linked to through such Application. Your download or use of an Application shall not be construed to grant you or guarantee you access to any Services, whether for free or otherwise. You may need to  separately qualify for, obtain and pay for certain Services through BallaBloc or an authorized BallaBloc dealer before you can access such Services through the Application.  Information about available services, terms and conditions is available on ballabloc.com or such other BallaBloc website through which the service may be accessed. The  Application is part of Services and, except as may be identified in the terms and conditions for a given Service, the Application is required to access the Services. BallaBloc and its licensors reserve the right to change, suspend, remove, or disable access to any of the Services (or any part thereof) at any time without notice. In no event will BallaBloc or its  licensors be liable for the removal of or disabling of access to any Services (or any part thereof). BallaBloc or its licensors may also impose limits on the use of or access to  certain Services, in any case and without notice or liability. Neither BallaBloc nor any of its licensors guarantees the availability, accuracy, completeness, reliability or timeliness of any Services. No portion of the Services may be reproduced in any form or by any means other than as made available through the Application. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works of the Services, in any manner.

4. SECURITY

The Services, the Hardware and the Application include a security framework using technology that protects digital information and limits your access to only those Services which the Application is designed to access, perform, display or link to and, if applicable, which you have purchased. Therefore, certain features of the Application may not be available  if you have not purchased the applicable Services. Such technology is an inseparable part of the system within which the Services, the Hardware and the Application interact, and  communications between the Services, the Hardware and the Application may be controlled and monitored by BallaBloc to ensure that such technology operates properly.  BallaBloc reserves the right to modify such technology at any time. You agree that you will not attempt to, or encourage or assist any other person to, circumvent, modify,  reverse-engineer, decompile, disassemble, attempt to derive the source code of, or otherwise tamper with such technology, or any part thereof, for any reason whatsoever,  including to obtain unauthorized access to the Services. Any such act by you may constitute copyright infringement and may result in civil or criminal liability.

5. LIMITED LICENSE

The Application is licensed, not sold, to you. Your license to the Application is subject to your prior acceptance of the agreement as set forth above. Your license is for personal use only and is limited to a non-exclusive, non-transferable license to use the Application solely in executable code form on the Hardware for which it was designed and solely to access those Services which are authorized by BallaBloc to be accessed from, performed by, displayed on or linked to through the Application. Your license does not include any right to use the Application for commercial or promotional uses. You may not use the Application with any Hardware for which it was not  designed. You may not use the Application with any Hardware that you do not own or control (such as a work computer) unless you have obtained the consent of the owner of the Hardware (such as your employer). You are solely responsible for obtaining such consent, and by using the Application on such Hardware you acknowledge and  agree and that you have obtained such consent. You may not distribute or make the Application available over a network where it could be used by multiple devices at the  same time. You may not rent, lease, lend, sell, redistribute or sublicense the Application. You may not copy (except as expressly permitted by this End User License Agreement), reverse-engineer, decompile, disassemble, attempt to derive the source code of, modify, create derivative works of, or otherwise tamper with the Application,  any updates or upgrades thereto, any supplemental modules thereto, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by  applicable law or to the extent as may be permitted by the licensing terms governing use of any open source software components included with the Application). Any  attempt by you to transfer any of your rights, duties or obligations under this End User License Agreement is void. Any attempt by you to do any of the acts prohibited by  this End User License Agreement is a violation of the rights of BallaBloc and its licensors, and may subject you to prosecution and damages.

6. OWNERSHIP OF THE APPLICATION AND RESERVATION OF RIGHTS

The Application is protected by copyright and other laws and international copyright and other treaties. All title and intellectual property rights in and to the Application and all modifications, updates, upgrades, supplements, enhancements and derivative works of the Application are owned exclusively by BallaBloc or its licensors. Certain third-party  software used in connection with the Application may be made directly available to you by the providers thereof. Use of such software is also subject to the terms of any  applicable agreement between you and each such provider. BallaBloc reserves all rights in and to the Application not expressly granted to you under this End User License Agreement.

7. USER ACCOUNT

If you would like to use the Application in conjunction with certain Services which have been authorized by BallaBloc to be accessed from, performed by, displayed on or linked to  through the Application, you will need to establish a user account with ballabloc.com or with such other BallaBloc website through which the Services may be accessed. The  Application will use information included in your Account to perform certain of its functions and enable access to certain of its features. You are solely responsible for the  information you provide when you establish your Account, and for maintaining the confidentiality and security of your Account and the password you create to access your  Account. You should not reveal your Account information or password to another person. You shall not access or attempt to access anAccount that you are not authorized to access. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify BallaBloc of any unauthorized use of your Account or any other breach of the security of your Account. BallaBloc shall not be responsible for any losses arising out of the unauthorized use of your Account.

8. CONSENT TO COLLECTION AND USE OF INFORMATION

You agree that BallaBloc may automatically collect and use technical and other information about the Hardware (such as the Hardware's operating system and configuration, and the software version of the Application and any associated modules), the Services you access and your use of the Application (including content that you may stream or download), to facilitate product support related to the Application, to modify, improve or enhance the Application and/or your ability to access the Services, and for such other uses as are permitted by BallaBloc privacy policies that applies to the Services.

9. NO GUARANTEE OF CONTINUED USE OR AVAILABILITY

BallaBloc reserves the right to modify, update, supplement and discontinue the Application without notice to you. From time to time, BallaBloc may make available updates or upgrades to the Application via software download or other means. Updates or upgrades may, among other things, include bug fixes, compatibility and security enhancements, and new features or functionality. Software downloads may occur automatically without the need for any action on your part, or you may be required to manually download an update, upgrade or supplemental module from within the Application itself or through the same source from which the Application was originally downloaded. Certain features of the Application may be modified or discontinued as a result of an update or upgrade, or may not be available if you have not downloaded all updates and upgrades made available by BallaBloc. Because use of the Application involves Hardware, internet access, and, if required, purchase of the Services, your ability to use the Application may be affected by the performance and/or availability of any of these factors. In the event that BallaBloc changes any part of the Services or any receiving equipment authorized by BallaBloc to access the Services, or discontinues any of the Services or such receiving equipment (which BallaBloc may do in its discretion at any time without notice to you), or if a Hardware manufacturer implements firmware or operating system changes carrier imposes restrictions on your data traffic, you may no longer be able to use the Hardware and/or Application to the same extent as prior to such change. BallaBloc shall have no liability to you in the event of the occurrence of any of the actions described in this paragraph.

10. TERMINATION

This End User License Agreement is effective until terminated by you or BallaBloc. You may terminate this End User License Agreement by ceasing all use of the Application and  deleting the Application from the applicable Hardware onto which you installed it. This End User License Agreement will terminate automatically without notice if you fail to comply  with the agreement. If BallaBloc becomes aware of any possible violation by you of any provision of the agreement, BallaBloc reserves the right to investigate such violation, and BallaBloc may, in its sole discretion, immediately terminate this End User License Agreement, your use of theApplication and/or access to the Services, in whole or in part, without prior notice to you. If, as a result of such investigation, BallaBloc believes that criminal activity has occurred, BallaBloc reserves the right to refer the matter to, and to cooperate with, any and all applicable law enforcement authorities.

11. NO WARRANTY

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 OF THE APPLICATION IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL BUGS AND FAULTS AND WITHOUT WARRANTY OF ANY KIND. BALLABLOC AND ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY AND OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. IN ADDITION, NEITHER BallaBloc NOR ANY OF ITS LICENSORS MAKES ANY WARRANTY THAT THE FUNCTIONALITY OF, FEATURES CONTAINED IN, OR SERVICES  ACCESSED FROM, PERFORMED BY, DISPLAYED ON OR LINKED TO FROM, THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THEAPPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT INFORMATION TRANSMITTED TO AND FROM THE APPLICATION WILL BE SECURE OR PRIVATE, OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BallaBloc OR ANY OF ITS LICENSORS OR ANY OF THEIR RESPECTIVE REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APPLICATION 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.

12. LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL BALLABLOC OR ITS LICENSORS BE LIABLE FOR PERSONAL INJURY, INJURY TO HARDWARE OR OTHER PERSONAL  PROPERTY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF DATA, LOSS OF HARDWARE OR OTHER PERSONAL PROPERTY, LOSS OF SERVICES, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES, 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 BALLABLOC AND ITS LICENSORS HAVE 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 BALLABLOC'S AND ITS LICENSORS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLICATION (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW) EXCEED THE AMOUNT OF ONE DOLLAR ($1.00) IN THE AGGREGATE. THE FOREGOINGLIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE, EVEN IF THE ABOVE STATED REMEDY FAILS ITS ESSENTIAL PURPOSE.

13. THIRD-PARTY BENEFICIARIES

Such of BallaBloc's licensors whose software is included in or as a component of the application shall be third party beneficiaries of this end user license agreement, as applicable.

14. EXPORT RESTRICTIONS

You may not use or otherwise export or re-export the Application outside the U.S. except as authorized by U.S. law.

15. U.S. GOVERNMENT USE

The Application and its 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.

16. GOVERNING LAW

The laws of the State of Delaware govern all matters arising out of this End User License Agreement and your use of the Application, without regard to any conflict of laws principles.

17. ADDITIONAL INFORMATION

Versions of the Application designed for specific Hardware or operating systems may include some components that are covered by third party "free software" licenses, open-source licenses and other similar license use rights, which require such components to be used, modified and/or distributed only under the terms of such licenses. Any such components are subject only to the terms of such licenses, and not this End User License Agreement. Certain additional information relating to such third-party software (including the text of any licenses applicable to such software) may be found in the Application itself or on the BallaBloc website through which the Application is made available.