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End User License Agreement

This Customer License Agreement ("Agreement") is a binding agreement between the Customer ("Customer") of this Cloud software application and website (as defined herein) and Link4 Corporation ("Link4"). This Agreement governs Customer use of the Link4 Cloud Software and Cloud Database, including the Hosted Software (both as defined herein) and all related documentation. The Cloud Software is licensed, not sold, to Customer.

BY DOWNLOADING/INSTALLING OR USING THE APPLICATION, CUSTOMER (A) ACKNOWLEDGES THAT CUSTOMER HAS READ AND UNDERSTANDS THIS AGREEMENT; (B) REPRESENTS THAT CUSTOMER IS 18 YEARS OF AGE OR OLDER; AND (C) ACCEPTS THIS AGREEMENT AND AGREES THAT CUSTOMER IS LEGALLY BOUND BY ITS TERMS.

1. Definitions
"Deidentified" means data that has been processed to remove, hide, encrypt, anonymize or aggregate identifying information such that one could not, using reasonable efforts, link such information back to Customer.

"Customer Data" means data entered or uploaded by Customer to the Hosted Software via the Cloud Software.

"Hosted Software" means the online software, platform and websites which Customer can access via the Cloud Software and Customer account that is hosted and maintained by Link4.

"Cloud Software" means the downloadable software application offered by Link4 through which Customer’s Link4 account is accessed.

“Controller Software” means the software installed on the Link4 Controller purchased to control the physical environment of Customer’s crops.

"Controller" means the actual environmental control which the Controller Software is installed on.

"Services" means a web-based software platform with interactive tools to record environmental conditions and performance of equipment that is controlled by Link4 controllers and reported by the Customers.

"Link4 Data" means all information, including, but not limited to, data, analyses, measurements, reports, trends, and metrics, generated from, derived from, based on or related to Customer Data.

"Website" means the website accessible at Link4.com or via the Cloud Software.

2. License Grant

(a) download, install, and use the Cloud Software for Customer personal, non-commercial use on Customer computer equipment strictly in accordance with the Cloud Software's documentation; and
(b) access and use on such Controller the Services made available in or otherwise accessible through the Cloud Software, strictly in accordance with this Agreement.

(a) Customer shall not:
- (i) copy the Cloud Software;
- (ii) modify, translate, adapt or otherwise create derivative works or improvements, of the Cloud Software;
- (iii) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Cloud Software, the Hosted Software or any part thereof;
- (iv) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Cloud Software;
- (v) rent, lease, lend, sell, sublicense, assign, distribute, publish, publicly perform or display, transfer or otherwise make available the Cloud Software or any features or functionality of the Cloud Software, to any third party for any reason, including by making the Cloud Software available on a network where it is capable of being accessed by more than one device at any time;
- (vi) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Cloud Software; or,
- (vii) upload or introduce any virus or malware to the Hosted Software.
(b) Customer is responsible for keeping Customer account login credentials (user name and password) confidential and not sharing them with unauthorized users. If Customer discloses Customer login credentials to someone, Customer is responsible for any use, disclosure, additions, deletions and modifications of Customer Data.

(a) Customer Data. In connection with the Cloud Software, Link4 may collect and maintain Customer Data provided by Customer. Customer shall co-own all Customer Data with Link4. Link4 shall maintain all personal identifiable aspects of all Customer Data as confidential pursuant to the Privacy Policy. All third parties authorized by Link4 which may have access to the Customer Data shall be under obligations of confidentiality to maintain the Customer Data as confidential pursuant to the Privacy Policy. Customer agrees to and does hereby grant to Link4 the irrevocable, perpetual, transferrable right to use, disclose, commercialize, assign, convey, sell, lease, license or transfer any Deidentified Customer Data.
(b) Link4 Data. All Link4 Data is the sole property of Link4. Link4 has the right to use, collect, store, create, aggregate, mine, analyze, modify, commercialize, assign, convey, sell, lease, license or transfer Link4 Data in any form, for any purpose and in any manner. Any Link4 Data provided to Customer shall be subject to limitations and restrictions imposed by Link4's Privacy Policy and other commercial agreements to which Link4 may be a party.

(a) the Cloud Software will automatically download and install all available Updates;

(b) Customer may receive notice of or be prompted to download and install available Updates.

(a) The term of Agreement commences when Customer downloads/installs the Cloud Software and acknowledges Customer acceptance of this User License Agreement, and will continue in effect until terminated by Customer or Link4 as set forth herein.
(b) Customer may terminate this Agreement by deleting the Cloud Software and all copies thereof from Customer computer hardware.
(c) Link4 may terminate this Agreement at any time without notice if it ceases to support the Cloud Software, which Link4 may do in its sole discretion. In addition, Link4 may immediately terminate this Agreement with or without any notice if Customer violates any of the terms and conditions of this Agreement.
(d) Upon termination:

(i) all rights granted to Customer under this Agreement will also terminate;
(ii) Customer must cease all use of the Cloud Software and delete all copies of the Cloud Software from Customer’s Hardware; and
(iii) Customer access to Link4's Hosted Software, Customer account and Customer Data will be terminated.

(e) Termination will not limit any of Link4's rights or remedies at law or in equity.

(a) THE APPLICATION IS PROVIDED TO CUSTOMER "AS IS, AS AVAILABLE" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LINK4, 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, LINK4 PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET CUSTOMER 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.
(b) WITHOUT LIMITING THE FOREGOING, NEITHER LINK4 NOR ANY LINK4 PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE LINK4 APPLICATION, OR THE INFORMATION, CONTENT, THE LINK4 SOFTWARE, AND MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE LINK4 APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE LINK4 APPLICATION; OR (IV) THAT THE LINK4 APPLICATION, ITS SERVERS, THE CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF LINK4 ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS OR OTHER HARMFUL COMPONENTS.
(c) 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 CUSTOMER.
(d) Customer agrees that Link4 assumes no responsibility for any content Customer submits, uploads, creates or makes available through the Cloud Software.
(e) Link4 is not liable for the acts or omissions of its contractors, vendors and service providers.

12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LINK4 OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO CUSTOMER USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:

(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OR CORRUPTION DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES;
(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE GREATER OF
(i) THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE APPLICATION AND
(ii) ONE HUNDRED DOLLARS (U.S.). THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR LINK4 WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO CUSTOMER.

LINK4 DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE LINK4 APPLICATION, LINK4 SERVICES, OR ANY RELATED SERVICES. THE OPERATION OF THE LINK4 APPLICATION MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF LINK4.

UNDER NO CIRCUMSTANCES SHALL LINK4 BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE LINK4 APPLICATION, INCLUDING BUT NOT LIMITED TO RELIANCE BY CUSTOMER ON ANY INFORMATION OBTAINED FROM THE LINK4 APPLICATION OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO LINK4 RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, DATA, AND INFORMATION SUBMITTED THROUGH THE CONTROLLER SOFTWARE AND CUSTOMER TO THE LINK4 SERVICES AVAILABLE THROUGH THE CLOUD SOFTWARE.

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End User License Agreement

CUSTOMER LICENSE AGREEMENT