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LEADSLIGHTNING END-USER LICENSE AGREEMENT

Effective date: May 25, 2018

The use of this web application is governed by the terms and conditions set forth herein. Please read them carefully. This EULA is applicable to all the documents and data included in the web application and to the application in its whole part and is subject to any other end-user agreements or other terms and conditions required for use of the software required for use of LeadsLightning, all of which are hereby made a part of this agreement. You also agree to updates, supplements, additional terms and all of Bartizan Connects, LLC's policies. You are deemed to have read, understood and accepted the terms of this EULA when you use the application.

This agreement is enforceable against you and any legal entity that uses the application and on whose behalf it is used. If you do not agree to the terms of this agreement, please do not use this application.

1. PARTIES

BARTIZAN CONNECTS, LLC ("BC") is the owner of the LeadsLightning web application ("LeadsLightning"). Use of LeadsLightning is subject to the end-user license agreement ("EULA") between BC and you.

2. LEADSLIGHTNING SERVICE

BC is the creator and provider of a mobile software applications ("iLeads") and ('iSessions"), (collectively, "mobile applications"), and a web application ("LeadsLightning") that permits users to select proprietary data through means including, but not limited to: (i) BC's web application, LeadsLightning.com ("LeadsLightning"), and such other or successor domain names as may be operated, acquired or used from time to time by BC (collectively, "BC Site"); (ii) wired and wireless connections, and (iii) telephony based networks; and to review such content or data on an approved device ("Device") using BC's proprietary mobile software applications (or other third party software application specifically approved by BC that meets the then-current BC-ready specifications) and/or any other approved software the user accesses, downloads, or otherwise receives for use in connection with the LeadsLightning service. In order to use LeadsLightning to access or use the data on LeadsLightning or on a third party site, user will be required to enter a user name and password initially obtained from BC or through the generation of access codes used in connection with BC software applications such as iLeads, iSessions or any other app that BC makes available from time to time (BC apps).

3. USE OF LEADSLIGHTNING

LeadsLightning is BC's web application which interfaces with BC mobile applications enabling user to access data collected in connection with an applicable event. BC mobile applications will not work with LeadsLightning without entry of the LeadsLightning access codes, for which a fee may be charged by BC.

You may not attempt to gain unauthorized access to any portion or feature of LeadsLightning, or any other systems or networks connected to it or to any server hosting the web application, or to any of the services offered on or through LeadsLightning, by hacking, password "mining" or any other illegitimate means.

You may not probe, scan or test the vulnerability of LeadsLightning or any network connected to it, nor breach the security or authentication measures on the web application or any network connected to the it. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to LeadsLightning, or any other customer of BC, including any account not owned by you, to its source, or exploit the web application or any service or information made available or offered by or through LeadsLightning, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by LeadsLightning.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of LeadsLightning or any transaction being conducted on it, or with any other person's use of LeadsLightning.

You may not use LeadsLightning or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of BC or others.

4. INTELLECTUAL PROPERTY: ACKNOWLEDGMENT OF OWNERSHIP.

You agree that LeadsLightning, including its graphics, user interface, content and the scripts and software used to implement it, contains proprietary information and material that is owned by BC and/or its principals and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use in compliance with the terms of this agreement. No portion of LeadsLightning may be reproduced in any form or by any means, except as expressly permitted hereunder. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works in any manner, and you shall not exploit LeadsLightning in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. The use of the mobile application and/or LeadsLightning, except for use as permitted in these terms and conditions is strictly prohibited and infringes on the intellectual property rights of others and may subject you to civil and criminal penalties including possible monetary damages for copyright infringement.

5. LICENSED APPLICATION.

The web application is made available to you in connection with your purchase of the iLeads and/or iSessions license. The iLeads license, iSessions license and the use of the leadslightning web application is licensed, not sold, to you. Your use of this web application is subject to your prior acceptance of this EULA and you agree that the terms of this EULA will apply to the web application that you license. Each mobile application is covered by a separate valid EULA entered into between you and the Licensor of the mobile application, in which case the terms of that separate end user license agreement will govern, subject to your prior acceptance of that separate end user license agreement. Your license to the Web Application under this EULA is granted by BC. Any license that is subject to the license granted under this EULA is referred to herein as the "Licensed Application". Licensor reserves all rights in and to the Licensed Application not expressly granted to you under this Licensed Application EULA.

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. 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 to 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 LeadsLightning, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

b. Consent to Use of Data. You agree that the Licensor may collect and use technical data and related information, including but not limited to technical information about your device, system and application software and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies or information to you and other end-users. Licensor will not re-sell data collected by it and, except as above set forth, shall not re-distribute such data.

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.

d. Services; Third Party Materials. The Licensed Application may enable access to Licensor's and third party services and web sites (collectively and individually "Services"). Use of the Services may require Internet access and that you accept additional 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.

e. Disclaimer of Warranties: Liability Limitations.

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.

In the event of any failure of the Licensed Application to conform to any applicable warranty, the end user may notify BC, and BC may refund the purchase price, if any, for the Licensed Application to that end user and that, to the maximum extent permitted by applicable law, BC will have no other warranty obligation whatsoever with respect to the Licensed Application.

f. Limitation of Liability. To the extent not prohibited by law, in no event shall Licensor or any third party reseller 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 or any third party reseller's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the lesser of: (i) one-hundred twenty-five ($125.00) dollars; or (ii) the amount of the fee paid by user and received by BC in connection with the Licensed Application. 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. Ã2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. Ã12.212 or 48 C.F.R. Ã227.7202, as applicable. Consistent with 48 C.F.R. Ã12.212 or 48 C.F.R. Ã227.7202-1 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. You have the sole responsibility to ensure that the badge number entered into BC mobile applications is the same badge number printed on the attendee badge. Correct data entry is the sole responsibility of the user. BC does not guarantee that the leads collected will be available in "real time" on LeadsLightning (BC's web application which interfaces with BC mobile applications enabling user to access data collected in connection with the applicable event). LeadsLightning service may be discontinued at any time. BC will ensure that leads are available for at least ninety (90) days from the date of the event. More details can be found in Leadslightning’s data retention policy and its terms are made a part of this EULA by this reference. To view LeadsLightning’s Data Retention Policy, click here. Use of the BC mobile applications without the applicable codes (for which a fee may be charged) may not permit you to access LeadsLightning data.

j. BC does not guarantee, represent or warrant that your use of LeadsLightning will be uninterrupted or error-free, and you agree that from time to time BC may remove LeadsLightning for indefinite periods of time, or cancel LeadsLightning at any time, without notice to you.

k. In no case shall BC, its directors, officers, employees, affiliates, agents, contractors, principals, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of any of LeadsLightning or for any other claim related in any way to your use of LeadsLightning, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content (or LeadsLightning) posted, transmitted or otherwise made available via LeadsLightning, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, BC's liability shall be limited to the extent permitted by law.

l. BC does not represent or guarantee that LeadsLightning will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and BC disclaims any liability relating thereto. You shall be responsible for backing up your own system, including any product purchased from LeadsLightning that is stored in your system.

6. USER ACCOUNT AND SECURITY

a. You are solely responsible for maintaining the confidentiality of any account credentials received by you to access the data collected on LeadsLightning. You are responsible to change those credentials during the first time you login to leadslightning. You are entirely responsible for all activities that occur on or through your use of LeadsLightning and you agree to notify us immediately about any unauthorized use of LeadsLightning or any breach of security. You agree that we will not be responsible for any losses incurred and you further agree that we will have no responsibility whatsoever for your failure to comply with this paragraph. Your breach of this paragraph may result in immediate termination of your LeadsLightning License and may also subject you to criminal or civil liability.

b. You shall not violate or attempt to violate the security of the LeadsLightning service. Accordingly, you shall not: (i) access data or materials not intended for you; (ii) log into a server in which you are not authorized to access; or (ii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer's functionality or operation which may be transferred to your computer via LeadsLightning.

7. CONFIDENTIALITY

Each party agrees that it shall not disclose to any third party any information concerning the customers, trade secrets, methods, processes or procedures or any other confidential, financial or business information of the other party which it learns during the course of its performance of this EULA, without the prior written consent of such other party. BC shall not re-sell data collected by it to third-parties for commercial use by them. This obligation shall survive the cancellation or other termination of this EULA. The software contains trade secrets and other proprietary know-how that belong to BC and it is being made available to you in strict confidence. Any use or other disclosure of the software, or of its algorithms, protocols or interfaces, other than in strict accordance with this EULA, may be actionable as a violation of BC's trade secret rights.

8. INTELLECTUAL PROPERTY RIGHTS.

BC and end user acknowledge that, in the event of any third party claim that the Licensed Application or the end user's possession and use of that Licensed Application infringes upon third party's intellectual property rights BC will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

9. PRODUCT CLAIMS

BC and the end user acknowledge that BC is responsible for addressing any claims of the end user or any third party relating to the Licensed Application including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and, (iii) claims arising under consumer protections or similar legislation.

10. ACKNOWLEDGMENT.

This EULA is between BC and the end user only and BC is solely responsible for the Licensed Application and the contents thereof.

11. WAIVER AND INDEMNITY.

By using LeadsLightning, you agree to indemnify and hold BC, its directors, officers, employees, affiliates, agents, contractors, principals, and licensors harmless with respect to any claims arising out of your breach of this agreement, your use of LeadsLightning, or any action taken by BC as part of its investigation of a suspected violation of this agreement or as a result of its finding or decision that a violation of this agreement has occurred. This means that you cannot sue or recover any damages from BC, its directors, officers, employees, affiliates, agents, contractors, principals and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to LeadsLightning, or to take any other action during the investigation of a suspected violation or as a result of BC's conclusion that a violation of this agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this agreement.

12. CHANGES.

BC reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this agreement and to impose new or additional rules, policies, terms, or conditions on your use of LeadsLightning. Such updates, revisions, supplements, modifications, and additional rules, policies, terms and conditions (collectively referred to in this agreement as "Additional Terms") will be effective immediately and incorporated into this agreement. Your continued use of LeadsLightning following will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated in this agreement by this reference.

13. LEGAL COMPLIANCE.

a. End user represents that: (i) he/she is 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) he/she is not listed on any U.S. Government list of prohibited or restricted parties.

b. In regards to attendee data available on LeadsLightning, you agree to comply with the GDPR (General Data Protection Regulation). Specifically, you agree to the right of access for each attendee, the right of erasure by each attendee and a duty to notify in the event of a data breach.

  • The right of access allows each attendee to see how their data is being used and processed by you. If the attendee requests this information, you must provide it to them.
  • The right of erasure allows each attendee to request that their data be deleted from your system. If the attendee requests this, you must comply with their request.
  • If, for any reason, you have reason to believe that your data has been compromised or breached, you must inform all attendee who might have been affected within 72 hours of the breach.

14. DEVELOPER NAME AND ADDRESS.

The address, telephone and e-mail of BC is:

145 Harold Road, Woodmere, NY 11598

914-965-7977

info@bartizan.com

Any end user questions, complaints or claims should be directed to the foregoing.

15. PAYMENT.

BC will accept such credit cards and other forms of payment as it, from time to time, may approve. BC, at this time, does not accept debit cards or checks in connection with LeadsLightning

16. SALES TAX.

You will be responsible for all applicable sales tax or use tax required by any federal, state or local governmental authority.

17. OTHER TERMS AND CONDITIONS.

BC is not responsible for typographic errors. BC reserves the right to change the terms and conditions of use at any time. Customers are encouraged to review the terms of use on a periodic basis for modifications. Risk of loss and title for all electronically delivered transactions shall pass to you upon electronic transmission thereof.

18. GOVERNING LAW.

The laws of the State of New York, excluding its conflicts of law rules, govern this agreement and your use of LeadsLightning. Your use of LeadsLightning may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with BC relating in any way to your use of LeadsLightning resides in the courts of the State of New York.

19. MISCELLANEOUS.

These terms and conditions constitute the entire agreement between you and BC and govern your use of LeadsLightning, superseding any prior agreements between you and BC. You also may be subject to additional terms and conditions that may apply when you use affiliate products, third-party content, or third-party software. If any part of these terms and conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. BC's failure to enforce any right or provisions in these terms and conditions will not constitute a waiver of such provision, or any other provisions of these terms and conditions. If any provision of this agreement is found by a court of competent jurisdictions to be invalid, the other provisions will remain in full force and effect. BC will not be responsible for failures to fulfill any obligations due to causes beyond its control.