END-USER LICENSE AGREEMENT FOR DATAWIZ, A USAGE TRACKING APPLICATION RELEASED BY THE PRINCETON EDGE LAB.

IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL: the Princeton EDGE Lab's End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and the Princeton EDGE Lab (hereinafter: the "EDGE Lab") for the software product(s) identified above, which may include associated software components, media, printed materials, and "online" or electronic documentation ("DataWiz"). By installing, copying, or otherwise using the DataWiz software and its services as specified below (hereinafter: the "Services"), you acknowledge that you understand the terms put forth in this EULA and agree to be legally bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and the EDGE Lab, (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the DataWiz app.

The Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Services are licensed, not sold.

1. SERVICES.
DataWiz is a usage-tracking application provided by the EDGE Lab that helps you monitor when and where you consume cellular (3G/4G/LTE) or WiFi data. For further information on DataWiz's services and features, please visit the application's website.

2. GRANT OF LICENSE.
The EDGE Lab grants you a limited, non-exclusive, non-transferable, revocable license, without right to sub-license, to access and use the Services, solely for your own personal purposes, subject to the terms and condition of this Agreement. This license is granted free of charge. All rights not expressly granted herein are reserved by the EDGE Lab.

3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright or trademark notices on any and all copies of the Services.
(b) Rental.
You may not rent, lease, or lend the Services.
(c) Support Services.
The EDGE Lab may provide you with support services related to the Services. Any supplemental software code provided to you as part of these support services shall be considered part of the Services and subject to the terms and conditions of this EULA.
(d) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the Services.

4. TERMINATION.
Without prejudice to any other rights, the EDGE Lab may terminate this EULA at any time, with or without cause, with or without notice. Upon such termination, your right to use the Services will immediately cease. You may discontinue your use of the Services for any reason and at any time, and may remove the configuration of the Services from your mobile phone. You agree and acknowledge that we do not assume any responsibility with respect to, or in connection with the termination of the Services' operations and loss of any data as a result.

5. COPYRIGHT AND INTELLECTUAL PROPERTY.
All rights, title, and interest including but not limited to copyrights, as well as any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party, in and related to the Services are owned by the EDGE Lab or its suppliers. The EDGE Lab reserves the exclusive right to use or license to a third party the use of the DataWiz name, trade marks, service marks, logo(s) and the product names associated with the Services, and no right or license is granted hereunder to use them.

Unless otherwise expressly permitted in this EULA or applicable law, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of any of the Services, which are subject to intellectual property or other proprietary rights, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means, other than expressly permitted in this EULA or applicable law.

This EULA does not convey to you any ownership interest in or to the Services, but only a limited and revocable right of use in accordance with the terms of this EULA. Nothing in this EULA constitutes a waiver of the EDGE Lab's Intellectual Property rights under any law. Use of the Services in violation of the limited license granted hereunder will result in the termination of this license and may expose you to claims for damages. You agree to take all necessary steps to prevent any unauthorized disclosure or use of the Services, or any part thereof, by others.

All rights not expressly granted are reserved by the EDGE Lab.

6. RESPONSIBILITIES AND ACCEPTABLE USE OF THE SERVICES.
(a) Responsibility.
You are responsible for all of the acts or omissions associated with your access and use of the Services and the access and use of the Services by anyone on your behalf. You will abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Services, including those related to data privacy, international communications and the transmission of technical or personal data. You will generally comply with any instructions concerning access to and/or use of the Services that the EDGE Lab may offer from time to time;

(b) Acceptable Use.
You specifically agree not to, in any way: (i) access (or attempt to access) the Services by any unauthorized or automated means, other than through the interface that is provided by the EDGE Lab; (ii) breach this EULA or any other applicable rules and instructions that we may convey with respect to the use of the Services; (iii) interfere with or disrupt the integrity or damage the performance of the EULA or any other computer system or network or circumvent or manipulate the operation, or functionality of the Services; (iv) impersonate any person or entity, or make any false statement pertaining to your identity, employment, agency or affiliation with any person or entity; (v) collect or process personal information of the Services' users without their explicit consent; (vi) export illegally any controlled or restricted items, including but not limited to software or data that is subject to export laws; (vii) violate the security or integrity of any network, computer or communications system, software application, or network or computing device involved in the Services; or (viii) send, store, provide or link through the Services to any content or material that may reasonably be deemed as:

  • Infringing or violating intellectual property rights of other parties, including patents, copyrights and trademarks;
  • Software viruses, Trojan Horses, Worms, Vandals, Spyware and any other Malicious Applications or any other similar software or programs that may damage the operation of the Services;
  • Encouraging, supporting, assisting, providing instructions or advising in the committing of a criminal offense, under the applicable laws;
  • Constituting a violation of a person's right for privacy or right of publicity;
  • Prohibited by any applicable law, including court restraining orders, to be posted, published, disseminated, or otherwise made available to the public;
  • Threatening, abusive, harassing, defamatory, libelous, vulgar, obscene or racially, ethnically or otherwise objectionable;
  • Unsolicited commercial communications ('spam'), chain letters, or pyramid schemes.

Should the EDGE Lab become aware that you have violated section 5(b) above, the EDGE Lab shall be entitled, at its own discretion, to remove the content in violation immediately, terminate your use of the services and/or notify the relevant authorities.

(c) Indemnification Regarding Acceptable Use.
You will indemnify the EDGE Lab and its officers, directors, agents, and employees, and hold them harmless against all damages and expenses (including reasonable attorney's fees) arising out of claims of third parties based on or related to your breach of any undertakings or representations herein or any of your actions or omissions with respect to the performance of this EULA.

7. DISCLAIMER OF WARRANTIES.
The EDGE Lab expressly disclaims any warranty for the Services. The Services are provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, non-infringement, or fitness of a particular purpose. All such conditions, representations, and warranties are hereby disclaimed to the maximum extent permitted by applicable law by the EDGE Lab, including its affiliates, directors, officers, employers, agents, contractors, successors and assignees. The EDGE Lab does not warrant or assume responsibility for the availability, reliability, timeliness, quality, suitability, accuracy or completeness of any information, text, graphics, links or other items contained within the Services. The EDGE Lab makes no warranties respecting any harm that may be caused by the transmission of a virus, worm, time bomb, logic bomb, or other such computer program. The EDGE Lab further expressly disclaims any warranty or representation to Authorized Users or to any third party.

8. LIMITATION OF LIABILITY.
In no event shall the EDGE Lab be liable for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including, but not limited to, lost profits, business interruption, or lost information) rising out of the use of or inability to use the Services, even if the EDGE Lab has been advised of the possibility of such damages. In no event will the EDGE Lab be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. The EDGE Lab shall have no liability with respect to the content of the Services or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information. This limitation of liability shall be effective to the maximum extent of the applicable law.

9. INDEMNIFICATION.
You agree to indemnify, defend and hold harmless, the EDGE Lab and its managers, directors, shareholders, employees, sub-contractors, agents, licensors, and anyone acting on our behalf, at your own expense and immediately after receiving a written notice from us, from and against any damages, loss, costs, expenses and payments, including reasonable attorney's fees and legal expenses, resulting from any complaint, claim, or demand, arising from, or in connection with your use of the Services, any communications that you convey through the Services, or your breach of this EULA, or any other terms, rules or regulations applicable to the Services, or your violation, or infringement of other persons rights.

10. MODIFICATION OF TERMS.
The EDGE Lab reserves the right to modify the terms and conditions of this EULA or its policies relating to the Services at any time. Substantial changes will take effect 15 days after the EDGE Lab has posted an initial notification on the Website homepage or any other relevant web pages on the Website, with respect to such changes. Other changes will take effect 7 days after their initial posting on the Website, unless we amend the EULA to comply with legal requirements. In such cases the amendments will become effective immediately upon their initial posting, or as required.

You agree to be bound by any of the changes made in these terms of the EULA, including changes to any and all documents, forms and policies incorporated thereto. Continued use of the Services after any such changes shall constitute your consent to such changes. If you do not agree with any of the amended terms, then you must avoid any further use of the Services. The date at the bottom of this EULA indicates the last date that the EULA was updated.

We advise you to periodically read the terms of this EULA, as they may change from time to time.

11. CHANGES IN OWNERSHIP.
We may transfer the ownership rights and title in the Services to a third party (by way of merger, sale of shares, sale of assets, license, or otherwise), provided that your rights according to this EULA are not infringed by the transfer of ownership. In that case, all of your details and information pertaining to you that are known to the EDGE Lab will be passed on to the corporation or other third party receiving the rights to the Services. You hereby give your prior consent thereto.

12. MISCELLANEOUS.
This EULA shall be exclusively governed by the laws of the United States of America, without regard to the choice or conflicts of law provisions thereof, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the courts of New Jersey. You agree to resolve any dispute or claim that you may have against the EDGE Lab and to submit to personal jurisdiction in the exclusive jurisdiction of courts in New Jersey. This EULA comprises the entire agreement between the parties and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein. If any provision of this EULA is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision, with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between the parties as a result of this EULA or use of the Services. The failure of the EDGE Lab to enforce any right or provision in this EULA shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the EDGE Lab in writing. The section headings in the EULA are included for convenience only and shall take no part in the interpretation, or construing of the EULA. "Including", whether capitalized or not, means without limitation. This EULA may not be assigned by you without the prior written approval of the EDGE Lab and any assignment without such prior written consent shall be void.

13. SURVIVAL.
The provisions of the copyright and intellectual property, disclaimer of warranty, limitation of liability, and indemnification sections shall survive the termination or expiration of this EULA.