END USER LICENSE AGREEMENT

This End User License Agreement (EULA) is between you (End User, you, or your) and Cachecraft LLC d/b/a Plus Six (Company, us, our, or we). This EULA governs your use of mobile and web applications offered by us, and related documentation provided by us to you (the Application). The Application is licensed and not sold to you subject to this EULA, as well as any agreement (MSA) between us and one or more of our customers whose physical device (Client System) is accessed through the Application (Client), as well as any agreement between us and you, or among us, you, and the Client (the Client Agreements and, together with the MSA, the Related Agreements), each as amended to date and as hereafter amended or restated.

BY YOUR USE OF THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS EULA; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS EULA AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.

• GRANT. Subject to the terms of this EULA, we grant you a limited, non-exclusive and nontransferable license to: (a) use the Application on mobile devices owned or controlled by you (each, a Mobile Device) strictly in accordance with the Application’s documentation; and (b) access and use on such Mobile Device the Content and Services (as defined below) made available in or otherwise accessible through the Application, strictly in accordance with this EULA and the Related Agreements.
• RESTRICTIONS. You will not, directly or indirectly, nor permit any other person to: (a) reverse engineer, decompile, disassemble or otherwise attempt to discover the object code, source code or underlying ideas or algorithms of the Application, or the Content and Services; (b) copy, modify, translate, or create derivative works based on any element of the Application or any related documentation; (c) rent, lease, distribute, sell, resell, assign, or otherwise transfer your rights to use the Application; (d) use the Application for the benefit of any person or entity other than for the benefit of the Client or a user; (e) remove any proprietary notices or disclaimers from the Application, or on any reports generated from the Application or from any materials furnished or made available to you by the Company; (f) knowingly take any action that would cause the Application to be placed in the public domain; or (g) use the Application for any unintended purpose.
• RESERVATION OF RIGHTS. You have no ownership interest in the Application or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this EULA and in the Related Agreements. The Company, its licensors, and vendors reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this EULA.
• YOUR PRIVACY. You acknowledge that when you download, install, or use the Application, we may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our then-current Privacy Policy, our then-current terms of service available on our website, and to any Client Agreements. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy and the Related Agreements.
• YOUR CONTENT. Your Content means any communications, templates, images, and all the material, data, and information that you upload or transmit through the Application, or that other users upload or transmit. You hereby grant us a perpetual and irrevocable, worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to store, use, copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, process, analyze, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, Your Content as well as all modified and derivative works thereof. By transmitting or submitting any of Your Content while using the Application, you affirm, represent and warrant that such transmission or submission is (i) accurate; (ii) not in violation of any laws, contractual restrictions or other third-party rights, and that you have permission from any third party whose information or intellectual property is comprised in Your Content; and (iii) free of viruses, adware, spyware, worms or other malicious code. You acknowledge and agree that any personal information within Your Content will at all times be processed by the Company in accordance with its Privacy Policy and the Related Agreements.
• OUR CONTENT AND SERVICES. The Application may provide you with access to a Client System and services accessible thereon, together with certain features, functionality, and content accessible on or through the Application (collectively, Content and Services). Your access to and use of such Content and Services are governed by and subject to the Related Agreements and our vendor agreements, which are incorporated herein by this reference. Your access to and use of the Content and Services may require you to acknowledge your acceptance of the Related Agreements or our vendor agreements, and your failure to do so may restrict you from accessing or using certain of the Application’s features and functionality. Any violation of such agreements will also be deemed a violation of this EULA.
• THIRD PARTY MATERIALS. The Application may display, include, or make available third-party content (including data, information, applications, templates, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (Third Party Materials). You acknowledge and agree that we are not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. We do not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
• APPLE. If the Application is installed on a device using the iOS operating system or any successor operating system thereto, subject to the other terms and conditions in this EULA, the parties acknowledge that (a) Apple is not a party to this EULA; (b) we are solely responsible for the Application and any of our content or content of our vendors available therein; (c) Apple has no obligation to maintain or support the Application; (d) if a third party claims that the Application or your possession and use of that Application infringes a third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; (e) Apple and Apple’s subsidiaries are third party beneficiaries of this EULA and, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the end-user as a third party beneficiary thereof; and (f) Apple is not responsible for addressing any claims of the end-user or any third party relating to the Application or your possession and/or use of that Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You agree that the rights granted to you in Section 1 of this EULA are limited by the Usage Rules set forth in the Apple Store Terms of Service. If the Application fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application (if any) to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the Company’s sole responsibility.
• GOOGLE. If the Application is downloaded from the Google Play and installed on your device, you acknowledge and agree that use of the Application is also subject to the Google Play Developer Distribution Agreement, located at https://play.google.com/intl/ALL_us/about/developer-distribution-agreement.html, as amended.
• HIPAA. The Related Agreements govern our handling of protected health information received from you, if any, and, from the Client, if any.
• PASSWORDS AND SECURITY. You are responsible for maintaining the confidentiality of any authentication information used to access the Application and for ensuring that your authentication information is used only by you. You will notify us immediately of any unauthorized use of your data, account, authentication information, or of any other breach of security with respect to the Software of which you are aware. You further acknowledge that, notwithstanding security precautions deployed by us, the use of, or connection to, the Internet provides the opportunity for unauthorized third parties to circumvent such precautions and illegally gain access to the Application, as well as the Content and Services. You agree to take all commercially reasonable precautions to protect the security of data transmitted over or stored in any system connected to or accessible via the Internet in connection with use of the Application.
• UPDATES. We may from time to time in our sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, Updates). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the Internet either: (a) the Application will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this EULA.
• SUPPORT. Except as otherwise provided in the Related Agreements, we have no obligation to provide maintenance or support for the Application. We may offer support for the Application in our sole discretion by, for example, (a) providing Updates; or (b) through a duly-authorized third party.
• TERM AND TERMINATION. The term of this EULA commences when you accept this EULA and will continue in effect until terminated by you or by us as set forth in this Section 14. You may terminate this EULA by deleting the Application and all copies thereof from your Mobile Device. Subject to the terms of the Related Agreements, if any, we may terminate or suspend our performance under this EULA at any time and without notice if we cease to support the Application (which we may do in our sole discretion), if a MSA is terminated, if you or a Client cease to pay fees in the manner contemplated by our then-current terms of use, or if the Company’s ability to provide Content and Services within the Application (whether in whole or in part) is terminated. In addition, this EULA will terminate immediately and automatically without any notice if you violate any of its terms and conditions or the terms of service for the Application posted on our website, as then in effect. Upon termination of this EULA: (i) all rights granted to you under this EULA will also terminate; and (ii) you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account. Termination will not limit any of our rights or remedies at law or in equity. Termination of our ability to provide Content and Services within the Application will not require us to provide equivalent content or services from other providers, nor will we be obligated to (a) provide you with copies of Your Content; or (b) maintain any medical records that you or Client are otherwise required to maintain under international, federal, state, or local laws and regulations. You are solely responsible for maintaining copies or backups of Your Content.
• DISCLAIMER OF WARRANTIES. THE APPLICATION IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. THE COMPANY DOES NOT UNDERTAKE TO PROVIDE ANY ESCROW, TRAINING, MAINTENANCE, OR SERVICE OBLIGATIONS WITH RESPECT TO THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
• LIMITATION OF LIABILITY. EXCEPT WHERE PROHIBITIED BY LAW, IN NO EVENT WILL THE COMPANY, IT AFFLIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF NOTWITHSTANDING THE OTHER PROVISIONS OF THIS EULA, THE COMPANY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE APPLICATION AND RELATED DOCUMENTATION, THE COMPANY’S LIABILITY SHALL IN NO EVENT EXCEED THE AMOUND ACTUALLY PAID BY YOU FOR THE APPLICATION. SOME JURISDICTIONS DO NOT APPLY CERTAIN LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
• NO GUARANTEE OF HEALTH OR OTHER RESULTS; HEALTH CARE DECISIONS. We will not be liable for any action or failure to act by you or others as a result of the action plans or recommendations obtained by you in connection with the Application. You are solely responsible for determining the suitability of any course of action and any selection of third-party providers. We do not guarantee the results of any program or suggested action plan and are not dispensing medical, business, or other advice. You acknowledge and agree that we do not (a) make benefit determinations, (b) provide, direct, or control the provision of medical services, (c) provide any diagnostic or treatment service or medical or health advice, or (d) provide any advice, recommendations, interpretation, or application of the reports, output, or other representations of clinical information produced by or resulting from the Application. You further acknowledge and agree that you will be solely responsible for (a) analyzing, interpreting, or applying any report, output, or other representation of clinical data produced by or resulting from the Application, (b) providing all diagnostic or treatment service or medical or health advice, and (c) taking all actions related to or arising from any report, output, or other representation of clinical data produced by or resulting from the Application.
• EXPORT REGULATION. The Application may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You will not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction, country, or person to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• US GOVERNMENT RIGHTS. The Application is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
• SEVERABILITY. If any provision of this EULA is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this EULA will continue in full force and effect.
• NOTICE. You may direct any questions, complaints, or claims relating to the Application to the Company at connect@plus-six.com or write us at 2859 Umatilla Street, Denver, CO 80211.
• GOVERNING LAW. This EULA is governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this EULA or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado in each case with jurisdiction in Denver County, Colorado. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
• LIMITATION OF TIME TO FILE CLAIMS. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS EULA OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
• ENTIRE AGREEMENT. This EULA, together with the Related Agreements, our Privacy Policy, and our Terms of Service, constitutes the entire agreement between you and the Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application. In the event of a conflict between this EULA and the Related Agreements, the terms of the following agreements shall control in order of precedence: the Privacy Policy, any Client Agreements, the MSA, the terms of service, agreements between the Company and its vendors, and this EULA.
• WAIVER. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this EULA and any applicable purchase or other terms, the terms of this EULA shall govern.
• HEADINGS. The headings contained in this EULA are for reference purposes only and shall not in any way affect the meaning or interpretation of this EULA.
• SURVIVAL. The following sections will survive termination or expiration of this EULA: Sections 2-8, and Sections 15-28.
• NON-ASSERT. In the event that the use or practice (a) by you or your affiliates of the Application pursuant to the Related Agreements, or (b) by the Client, its affiliates or licensees, of the Application, including without limitation in each case any modification, enhancement, derivative, transformation, translation or change to any Application made by a Client, its affiliates, or sublicensees, or resulting from a Client or its or its affiliates’ or sublicensees’ exploitation of our intellectual property would infringe any intellectual property right of you or the Client, then you hereby covenant to us, our affiliates, and (as applicable) licensees that neither you nor your affiliates will, and you will cause the applicable third party that owns or has been granted a license or sublicense to any use of the Application not to, assert or enforce such intellectual property rights against us, our affiliates, or licensees based upon infringement of your intellectual property.