Terms of Use

PERPCAST INC. DBA iWitness

WEBSITE TERMS OF USE


Last Updated: July 28, 2012

Your use of the website at iWitness.com, and any other websites owned or operated by iWitness on which these Website Terms of Use are displayed (each, a “Website,” and together, the “Websites”) is subject to these Website Terms of Use (these “Terms of Use”). By using any of the Websites, you agree to be bound by, and use the Websites in compliance with, these Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE WEBSITES. The terms “you,” “your,” and “yours” refer to you, the visitor to the Website. References to the “Website” are to the particular Website you are visiting. The terms “iWitness,” “we,” “us,” and “our” refer to iWitness. We may periodically make changes to these Terms of Use. It is your responsibility to review these Terms of Use frequently and to remain informed of any changes to it. You agree that your continued use of the Website after such changes have been published to the Website shall constitute your acceptance of such revised Terms of Use.

License to Use the Website

Subject to these Terms of Use, we grant to you a limited, personal, non-exclusive, non-transferable license to use the Website for your personal use, and not for resale or further distribution. Your right to use the Website is limited by the terms set forth in these Terms of Use. Except for your pre-existing rights and this license granted to you, we retain all right, title and interest in and to the Website, including all related intellectual property rights. The Website is protected by applicable intellectual property laws, including United States copyright law and international treaties. Except as otherwise explicitly provided in these Terms of Use or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of the Website; (b) rent, lease or sublicense access to the Website; nor (c) circumvent or disable any security or technological features or measures of the Website.

Additional Terms and Conditions

Your use of certain areas of the Website may be subject to additional terms, conditions, and policies that may be posted on the Website from time to time, and to your compliance with any additional iWitness terms and conditions to which you may be bound. Without limiting the foregoing, your use of iWitness’s evidence recordation service (the “Service”) is subject to the iWitness Terms of Service, and your use of the iWitness application for the iPhone operating system (the “Application”) is subject to the terms and conditions of the Licensed Application End User License Agreement.

Access to the Website; Modifications to the Website

We do not provide you with the equipment to access the Website. You are responsible for all fees charged by third parties to access the Website (e.g., charges by internet service providers). We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Website without notice. In no event will we be liable to you or to any third party for any modification, suspension, or discontinuance of the Website. We also reserve the right to restrict, suspend, or terminate your access to the Website at any time, for any or no reason, with or without prior notice, and without liability. You must be 18 or older to register as a user or to use the Website.

Password Restricted Areas of the Website

Certain areas of the Website may be password restricted to authorized, registered users of the Service (“Password-Protected Areas”). If you have registered as an authorized user to gain access to these Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify iWitness if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, whether or not you are the individual who undertakes such activities. You agree to immediately notify iWitness of any unauthorized use of your account or any other breach of security in relation to your password or the Website that is known to you.

Restrictions

You must comply with all applicable laws and regulations when using the Website. Except as may be expressly permitted by applicable law or authorized by us in writing, you will not, and will not permit anyone else to: (a) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works; or other content made available on the Website (“Website Content”) or compile or collect any Website Content as part of a database or other work; (b) use any automated tool (e.g., robots, spiders) to use the Website or store, copy, modify, distribute, or resell any Website Content; (c) rent, lease, or sublicense your access to the Website to another person; (d) use the Website or Website Content for any purpose except for your personal, noncommercial use; (e) circumvent or disable any digital rights management, usage rules, or other security features of the Website; (f) use the Website in a manner that threatens the integrity, performance, or availability of the Website; or (g) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Website or Website Content.

Privacy Policy

We may collect registration and other information about you through the Website. Our collection and use of this information is governed by our Privacy Policy available in the Terms of Service section of the website.

Linking to our Website

Except as may be contemplated by features on the Website (e.g., features that allow you to send a link to an internal page on the Website to a third party), deep linking to internal parts of the Website, framing of the Website as part of other websites, and in-line linking or any other manner of incorporating parts of the Website as part of another website is not permitted without the prior written consent of iWitness.

Links and Third Party Content

The Website may contain links to third party products, services, and websites. We exercise no control over the third party products, services, and websites and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available through the third party products, services, and websites. We are not be responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through the third party products, services, and websites.

Submissions

Website users may have the opportunity to post information and content to the Website, including comments, photographs, and videos. Any and all content expressed or made available by third parties on the Website, and any opinions, advice, statements, or other information that constitutes part of the content expressed or made available by third parties on the Website, are those of the respective authors or producers and not of iWitness or its shareholders, directors, officers, agents, or employees. iWitness does not control the content posted by third parties via the Website and does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Website, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will iWitness, its shareholders, directors, officers, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Website. It is your responsibility to evaluate the information, opinion, advice, or other content available. You agree that iWitness is free to use any photos, videos, comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may transmit or otherwise post to the Site, or otherwise provide to us (each, a “Submission”), without any obligation to provide any further compensation, acknowledgement or payment to you, for the purposes of developing, modifying, and improving our Website and our products and services. Furthermore, by posting any Submission on the Website or otherwise transmitting a Submission to us, you grant us a perpetual, non-exclusive, fully paid, royalty-free, irrevocable, sublicenseable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of the Submission or information submitted in any media, software, or technology of any kind now existing or developed in the future.

Use Policies

You are solely responsible for any and all information and content that you upload, post, or otherwise transmit to the Website. You will not use the Website to: (a) upload, post, or otherwise transmit any information or content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy; (b) harm iWitness or third parties in any manner; (c) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, or otherwise transmit any information or content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (e) upload, post, or otherwise transmit any information or content that infringes any third party’s rights; (f) upload, post, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (g) interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website; (h) intentionally or unintentionally violate any applicable local, state, national, or international law or regulation; (i) collect or store personal data about other users; or (j) access or download any information or content stored by or for any third party on the Website.

Feedback

iWitness may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about the Website or about iWitness’s products or services (“Feedback”). You agree that iWitness may, in its sole discretion, use the Feedback you provide to iWitness in any way, including in future modifications and additions to the Website and to iWitness’s products and services. You hereby grant iWitness a perpetual, worldwide, fully transferable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner any for any purpose without any requirement to obtain permission or to provide compensation or attribution of any kind.

Disclaimer of Warranties

YOUR USE OF THE APPLICATION, THE SERVICE, THE WEBSITE, AND ANY CONTENT MADE AVAILABLE ON THE APPLICATION, THE SERVICE, AND THE WEBSITE (COLLECTIVELY, “SERVICE CONTENT”) ARE AT YOUR SOLE RISK. THE APPLICATION, THE SERVICE, THE WEBSITE, AND THE SERVICE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. iWitness AND ITS SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. iWitness AND ITS SUPPLIERS AND LICENSORS DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, ADEQUACY, RELIABILITY, OR USEFULNESS OF THE APPLICATION, THE SERVICE, THE WEBSITE, OR THE SERVICE CONTENT, AND YOU USE THE APPLICATION, THE SERVICE, AND THE WEBSITE, AND RELY UPON THE SERVICE CONTENT, AT YOUR OWN RISK. IWITNESS AND ITS SUPPLIERS AND LICENSORS DO NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE, THE APPLICATION, OR THE WEBSITE, OR YOUR ACCESS TO ANY SERVICE CONTENT. IWITNESS GIVES NO WARRANTY RELATING TO THE AVAILABILITY, SUITABILITY, OR ACCURACY OF THE APPLICATION, THE SERVICE, THE WEBSITE, OR THE SERVICE CONTENT, OR THE MAINTENANCE OF THE SYSTEMS OR NETWORKS USED BY THE APPLICATION, THE SERVICE, OR THE WEBSITE TO STORE, TRANSMIT, AND SERVE DATA. ANY SERVICE CONTENT THAT YOU CAPTURE OR OBTAIN THROUGH THE APPLICATION, THE SERVICE, OR THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, LOSS OF DATA, OR OTHER DAMAGES THAT MAY ARISE FROM YOUR CAPTURE OR USE OF ANY SERVICE CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IWITNESS OR THROUGH OR FROM THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

Limitation of Liability

iWitness AND ITS SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF IWITNESS OR ANY OF ITS SUPPLIERS OR LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING OUT OF OR RELATING TO YOUR USE OF, YOUR INABILITY TO USE, OR THE PERFORMANCE OF THE APPLICATION, THE SERVICE, THE WEBSITE, AND THE SERVICE CONTENT. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF ALL KINDS OF IWITNESS AND ITS SUPPLIERS AND LICENSORS ARISING OUT OF OR RELATED TO YOUR USE OF THE APPLICATION, THE SERVICE, THE WEBSITE, OR SERVICE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE TOTAL AMOUNT, IF ANY, THAT YOU HAVE PAID TO iWitness FOR YOUR USE OF THE APPLICATION AND THE SERVICE. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity

You will indemnify and hold iWitness, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any costs, damages, expenses, and liability caused by your use of the Website or Website Content, your violation of these Terms of Use, or your violation of any rights of a third party through use of the Website or Website Content.

Trademarks

iWitness, the iWitness logo, and any other product or service name or slogan contained on the Website are our trademarks as well as trademarks of our suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without our prior written permission or permission by the applicable trademark holder. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise, does not constitute or imply our endorsement, sponsorship, or recommendation thereof, or vice versa.

Updates to this Website and License Agreement

We may occasionally update the Website and these Terms of Use. When we do, we will revise the “last updated” date on these Terms of Use. You should check this Website and these Terms of Use frequently to see recent changes. This version of these Terms of Use shall supersede all earlier versions.

Legal Notices

Enforcement of these Terms of Use will be governed by the laws of the State of Washington, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms of Use or your use of the Website will lie in the State and Federal courts located in King County, within the State of Washington, and you irrevocably agree to submit to the jurisdiction of such courts. The failure of iWitness to enforce any right or provision in these Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by iWitness in writing. In the event that a court of competent jurisdiction finds any provision of these Terms of Use to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect.

Contacting iWitness

If you have any questions or concerns about the Website or these Terms of Use, please send us a thorough description by email to info@iwitness.com, or write to us at:

iWitness
Attention: Website Issues
205 Marion St.
Seattle, WA 98104

ÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿ

Terms of Use

PERPCAST INC. DBA iWitness

WEBSITE TERMS OF USE


Last Updated: July 28, 2012

Your use of the website at iWitness.com, and any other websites owned or operated by iWitness on which these Website Terms of Use are displayed
(each, a “Website,” and together, the “Websites”) is subject to these Website Terms of Use (these “Terms of Use”). By using any of the Websites, you
agree to be bound by, and use the Websites in compliance with, these Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE WEBSITES.

The terms “you,” “your,” and “yours” refer to you, the visitor to the Website. References to the “Website” are to the particular Website you are
visiting. The terms “iWitness,” “we,” “us,” and “our” refer to iWitness. We may periodically make changes to these Terms of Use. It is your
responsibility to review these Terms of Use frequently and to remain informed of any changes to it. You agree that your continued use of the Website
after such changes have been published to the Website shall constitute your acceptance of such revised Terms of Use.

License to Use the Website

Subject to these Terms of Use, we grant to you a limited, personal, non-exclusive, non-transferable license to use the Website for your personal
use, and not for resale or further distribution.
Your right to use the Website is limited by the terms set forth in these Terms of Use.

Except for your pre-existing rights and this license granted to you, we retain all right, title and interest in and to the Website, including all
related intellectual property rights. The Website is protected by applicable intellectual property laws, including United States copyright law and
international treaties.

Except as otherwise explicitly provided in these Terms of Use or as may be expressly permitted by applicable law, you will not, and will not permit
or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of
the Website; (b) rent, lease or sublicense access to the Website; nor (c) circumvent or disable any security or technological features or measures
of the Website.

Additional Terms and Conditions

Your use of certain areas of the Website may be subject to additional terms, conditions, and policies that may be posted on the Website from time to
time, and to your compliance with any additional iWitness terms and conditions to which you may be bound. Without limiting the foregoing, your use of
iWitness’s evidence recordation service (the “Service”) is subject to the iWitness Terms of Service, and your use of the iWitness application for the
iPhone operating system (the “Application”) is subject to the terms and conditions of the Licensed Application End User License Agreement.

Access to the Website; Modifications to the Website

We do not provide you with the equipment to access the Website. You are responsible for all fees charged by third parties to access the Website (e.g.,
charges by internet service providers).

We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Website without notice. In no event will we be liable
to you or to any third party for any modification, suspension, or discontinuance of the Website.

We also reserve the right to restrict, suspend, or terminate your access to the Website at any time, for any or no reason, with or without prior
notice, and without liability.

You must be 18 or older to register as a user or to use the Website.

Password Restricted Areas of the Website

Certain areas of the Website may be password restricted to authorized, registered users of the Service (“Password-Protected Areas”). If you have
registered as an authorized user to gain access to these Password-Protected Areas, you agree that you are entirely responsible for maintaining the
confidentiality of your password, and agree to notify iWitness if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise
may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, whether or not you are
the individual who undertakes such activities. You agree to immediately notify iWitness of any unauthorized use of your account or any other breach of
security in relation to your password or the Website that is known to you.

Restrictions

You must comply with all applicable laws and regulations when using the Website. Except as may be expressly permitted by applicable law or authorized
by us in writing, you will not, and will not permit anyone else to: (a) store, copy, modify, distribute, or resell any of the information; audio,
visual, and audiovisual works; or other content made available on the Website (“Website Content”) or compile or collect any Website Content as part of
a database or other work; (b) use any automated tool (e.g., robots, spiders) to use the Website or store, copy, modify, distribute, or resell any
Website Content; (c) rent, lease, or sublicense your access to the Website to another person; (d) use the Website or Website Content for any purpose
except for your personal, noncommercial use; (e) circumvent or disable any digital rights management, usage rules, or other security features of the
Website; (f) use the Website in a manner that threatens the integrity, performance, or availability of the Website; or (g) remove, alter, or obscure
any proprietary notices (including copyright notices) on any portion of the Website or Website Content.

Privacy Policy

We may collect registration and other information about you through the Website. Our collection and use of this information is governed by our Privacy
Policy available in the Terms of Service section of the website.

Linking to our Website

Except as may be contemplated by features on the Website (e.g., features that allow you to send a link to an internal page on the Website to a third
party), deep linking to internal parts of the Website, framing of the Website as part of other websites, and in-line linking or any other manner of
incorporating parts of the Website as part of another website is not permitted without the prior written consent of iWitness.

Links and Third Party Content

The Website may contain links to third party products, services, and websites. We exercise no control over the third party products, services, and
websites and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or
other materials available through the third party products, services, and websites. We are not be responsible or liable, directly or indirectly, for
any damage or loss caused to you by your use of or reliance on any goods or services available through the third party products, services, and
websites.

Submissions

Website users may have the opportunity to post information and content to the Website, including comments, photographs, and videos. Any and all content
expressed or made available by third parties on the Website, and any opinions, advice, statements, or other information that constitutes part of the
content expressed or made available by third parties on the Website, are those of the respective authors or producers and not of iWitness or its
shareholders, directors, officers, agents, or employees.

iWitness does not control the content posted by third parties via the Website and does not guarantee the accuracy, integrity or quality of such
content. You understand that by using the Website, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances
will iWitness, its shareholders, directors, officers, or employees be held liable for any loss or damage caused by your reliance on information
obtained through the Website. It is your responsibility to evaluate the information, opinion, advice, or other content available.

You agree that iWitness is free to use any photos, videos, comments, information, ideas, concepts, reviews, or techniques or any other material
contained in any communication you may transmit or otherwise post to the Site, or otherwise provide to us (each, a “Submission”), without any
obligation to provide any further compensation, acknowledgement or payment to you, for the purposes of developing, modifying, and improving our Website
and our products and services. Furthermore, by posting any Submission on the Website or otherwise transmitting a Submission to us, you grant us a
perpetual, non-exclusive, fully paid, royalty-free, irrevocable, sublicenseable, worldwide license and right to display, use, perform, reproduce,
modify, distribute and create derivative works of the Submission or information submitted in any media, software, or technology of any kind now
existing or developed in the future.

Use Policies

You are solely responsible for any and all information and content that you upload, post, or otherwise transmit to the Website. You will not use the
Website to: (a) upload, post, or otherwise transmit any information or content that is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, or invasive of another’s privacy; (b) harm iWitness or third parties in any manner; (c) impersonate any person
or entity, or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, or otherwise transmit any information or content that
you do not have a right to transmit under any law or under contractual or fiduciary relationships; (e) upload, post, or otherwise transmit any
information or content that infringes any third party’s rights; (f) upload, post, or otherwise transmit any material that contains software viruses or
any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or
telecommunications equipment; (g) interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements,
procedures, policies or regulations of networks connected to the Website; (h) intentionally or unintentionally violate any applicable local, state,
national, or international law or regulation; (i) collect or store personal data about other users; or (j) access or download any information or
content stored by or for any third party on the Website.

Feedback

iWitness may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about the Website or about iWitness’s products or
services (“Feedback”). You agree that iWitness may, in its sole discretion, use the Feedback you provide to iWitness in any way, including in future
modifications and additions to the Website and to iWitness’s products and services. You hereby grant iWitness a perpetual, worldwide, fully
transferable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any
manner any for any purpose without any requirement to obtain permission or to provide compensation or attribution of any kind.

Disclaimer of Warranties

YOUR USE OF THE APPLICATION, THE SERVICE, THE WEBSITE, AND ANY CONTENT MADE AVAILABLE ON THE APPLICATION, THE SERVICE, AND THE WEBSITE (COLLECTIVELY,
“SERVICE CONTENT”) ARE AT YOUR SOLE RISK. THE APPLICATION, THE SERVICE, THE WEBSITE, AND THE SERVICE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS. iWitness AND ITS SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES ARISING FROM
COURSE OF DEALING OR COURSE OF PERFORMANCE. iWitness AND ITS SUPPLIERS AND LICENSORS DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, ADEQUACY,
RELIABILITY, OR USEFULNESS OF THE APPLICATION, THE SERVICE, THE WEBSITE, OR THE SERVICE CONTENT, AND YOU USE THE APPLICATION, THE SERVICE, AND THE
WEBSITE, AND RELY UPON THE SERVICE CONTENT, AT YOUR OWN RISK. IWITNESS AND ITS SUPPLIERS AND LICENSORS DO NOT WARRANT UNINTERRUPTED USE OR OPERATION OF
THE SERVICE, THE APPLICATION, OR THE WEBSITE, OR YOUR ACCESS TO ANY SERVICE CONTENT. IWITNESS GIVES NO WARRANTY RELATING TO THE AVAILABILITY,
SUITABILITY, OR ACCURACY OF THE APPLICATION, THE SERVICE, THE WEBSITE, OR THE SERVICE CONTENT, OR THE MAINTENANCE OF THE SYSTEMS OR NETWORKS USED BY
THE APPLICATION, THE SERVICE, OR THE WEBSITE TO STORE, TRANSMIT, AND SERVE DATA.

ANY SERVICE CONTENT THAT YOU CAPTURE OR OBTAIN THROUGH THE APPLICATION, THE SERVICE, OR THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, LOSS OF DATA, OR OTHER DAMAGES THAT MAY ARISE FROM YOUR CAPTURE OR USE OF ANY SERVICE
CONTENT.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IWITNESS OR THROUGH OR FROM THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THESE TERMS OF USE. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO
JURISDICTION.

Limitation of Liability

iWitness AND ITS SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF IWITNESS OR ANY OF ITS
SUPPLIERS OR LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING OUT OF OR RELATING TO YOUR USE OF, YOUR INABILITY TO USE, OR THE
PERFORMANCE OF THE APPLICATION, THE SERVICE, THE WEBSITE, AND THE SERVICE CONTENT.

UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF ALL KINDS OF IWITNESS AND ITS SUPPLIERS AND LICENSORS ARISING OUT OF OR RELATED TO YOUR USE OF THE
APPLICATION, THE SERVICE, THE WEBSITE, OR SERVICE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF
WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE TOTAL AMOUNT, IF ANY, THAT YOU HAVE PAID TO
iWitness FOR YOUR USE OF THE APPLICATION AND THE SERVICE.

EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE
RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE
PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY
FAILS OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS MAY
NOT APPLY TO YOU.

Indemnity

You will indemnify and hold iWitness, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any costs, damages, expenses,
and liability caused by your use of the Website or Website Content, your violation of these Terms of Use, or your violation of any rights of a third
party through use of the Website or Website Content.

Trademarks

iWitness, the iWitness logo, and any other product or service name or slogan contained on the Website are our trademarks as well as trademarks of our
suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without our prior written permission or permission by the
applicable trademark holder. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Website are the
property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer,
supplier, or otherwise, does not constitute or imply our endorsement, sponsorship, or recommendation thereof, or vice versa.

Updates to this Website and License Agreement

We may occasionally update the Website and these Terms of Use. When we do, we will revise the “last updated” date on these Terms of Use. You should
check this Website and these Terms of Use frequently to see recent changes. This version of these Terms of Use shall supersede all earlier versions.

Legal Notices

Enforcement of these Terms of Use will be governed by the laws of the State of Washington, excluding its conflict and choice of law principles. The
exclusive jurisdiction and venue for any claims arising out of or related to these Terms of Use or your use of the Website will lie in the State and
Federal courts located in King County, within the State of Washington, and you irrevocably agree to submit to the jurisdiction of such courts. The
failure of iWitness to enforce any right or provision in these Terms of Use will not constitute a waiver of such right or provision unless acknowledged
and agreed to by iWitness in writing. In the event that a court of competent jurisdiction finds any provision of these Terms of Use to be illegal,
invalid or unenforceable, the remaining provisions will remain in full force and effect.

Contacting iWitness

If you have any questions or concerns about the Website or these Terms of Use, please send us a thorough description by email to info@iwitness.com, or
write to us at:

iWitness
Attention: Website Issues
205 Marion St.
Seattle, WA 98104

ÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿ

End User License

LICENSED APPLICATION END USER LICENSE AGREEMENT

The application that is subject to the license granted under this Licensed Application End User License Agreement is referred to herein as the “Licensed Application” and is licensed to you by iWitness (“Licensor”). Licensor reserves all rights in and to the Licensed Application not expressly granted to you under this Licensed Application End User License Agreement. The Licensed Application is licensed, not sold, to you and your license to the Licensed Application is subject to your prior acceptance of this Licensed Application End User License Agreement

a. Scope of License: This license granted to you for the Licensed Application by Licensor is limited to a non-transferable license to use the Licensed Application on any iPhone or iPod touch that you own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the “Usage Rules”). This license does not allow you to use the Licensed Application on any iPod touch or iPhone that you do not own or control, and you may not distribute or make the Licensed 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 Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, 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 sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Licensor and its licensors. If you breach this restriction, You may be subject to prosecution and damages.

The terms of the license will govern any upgrades provided by Licensor that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.

b. The Licensed Application, Terms of Service, and Consent to Use of Data. The Licensed Application allows you to use your iPhone to record video, photo, and audio footage, and to transmit it, together with location information collected using your iPhone’s global positioning system functionality, to a server where certain law enforcement agencies may access it. You also have the ability to access that recorded information on the iWitness website.

The Licensed Application is not a substitute for good judgment and common sense, and it is not a 911 or emergency notification service. The Licensed Application must not be used to improperly stalk or harass anyone, and may not be used to monitor, or record data pertaining to, any person other than in the course of using the Licensed Application for its intended purposes. The Licensed Application is not intended for use by private investigators. The Licensed Application is not intended for use as a standalone self-defense tool, and it should not be relied upon as such. The Licensed Application is not intended for use as a standalone self-defense tool, and it should not be relied upon as such. The Licensed Application is only intended for the collection of audio, video, and photographic evidence that may be used by authorized law enforcement personnel in apprehending and prosecuting criminal suspects.

Your use of the Licensed Application is subject to the iWitness Terms of Service, including the privacy policy, available at www.iwitness.com and through the settings of the Licensed Application. Please review the Terms of Service carefully before installing or using the Licensed Application. By installing or using the Licensed Application, you hereby accept the iWitness Terms of Service.

c. Termination. The license is effective until terminated by you or Licensor. Your rights under this license will terminate automatically without notice from the Licensor if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

d. Services; Third Party Materials. The Licensed Application may enable access to Licensor’s services and third party services and web sites (collectively and individually, “Services”). Use of the Services provided by Licensor requires Internet access and that you accept the iWitness Terms of Service.

You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that the Licensor shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.

Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that the Licensor is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Licensor does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, you should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Use of real time route guidance is at your sole risk.
Location data may not be accurate. Neither the Licensor, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services.

You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Licensor is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal
messages or transmissions that you may receive as a result of using any of the Services.

In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPhone or iPod touch are not available in all languages or in all countries. The Licensor makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent you choose to access such Services or Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Licensor, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will the Licensor be liable for the removal of or disabling of access to any such Services. The Licensor may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES 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.

f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED 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 DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, 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 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 Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application 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 list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, you represent and warrant that you are not 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, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

h. The Licensed Application and 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.
Unpublished-rights reserved under the copyright laws of the United States.

i. The laws of the State of Washington, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.

j. The Licensor is iWitness. You may contact iWitness at 205 Marion Street, Seattle, WA 98014 and/or <a href=”info@iwitness.com”>info@iwitness.com.

k. You and Licensor acknowledge and agree that Apple Computer, Inc., and its subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of the terms and conditions of this Agreement, Apple will have the right, and will be deemed to have the right, to enforce this Agreement against you as a third-party beneficiary of this Agreement.

Additional Terms applicable to Software for Apple Handheld Devices.

(a) Acknowledgement: The Parties acknowledge that this Agreement is concluded between us only, and not with Apple and that Apple has no responsibility for the Software. Further, nothing herein abrogates or reduces Apple’s Usage Rules for the Software or is intended to conflict with, the App Store Terms of Service as of the Effective Date.

(b) Scope of License: The license granted to you for the Software for use on Apple products is limited to a non-transferable license to use the Software on any iPhone or iPod touch that You own or control and as permitted by Apple’s Usage Rules set forth in the App Store Terms of Service.

(c) Maintenance and Support: The parties acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Software.

(d) Warranty: In the event of any failure of the Software to conform to the warranty in this Agreement, You may notify Apple, and Apple will refund the purchase price for the Software to You; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, or for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty in this Agreement.

(e) Product Claims: The Parties acknowledge that Apple is not responsible for addressing any claims of You or any third party relating to the Software or Your possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; or (iii) claims arising under consumer protection or similar legislation.

(f) Intellectual Property Rights: The Parties acknowledge that, in the event of any third party claim that the Software or Your possession and use of that Software infringes that third party’s intellectual property rights, that Apple will not be responsible for the investigation, defense, settlement or discharge of any such intellectual property infringement claim.

(g) Third Party Beneficiary: The Parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon Your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against You as a third party beneficiary thereof, as it relates to the rights and benefits conferred upon Apple hereunder.

£££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££££Á#ۊÿÿ

Copyright © 2019 iWitness All rights reserved.

...