End User License Agreement

1. License Grant
Subject to the terms and conditions of this Agreement, MobiStream Solutions Inc., a corporation incorporated under the laws of Canada and doing business as “MobiStream,” hereby grants to you a limited, revocable, non-exclusive, and non-transferable license to download, install, and use one copy of the ShadowHQ mobile application on a device that you own or control, and to access and use ShadowHQ through a supported web browser, solely for your internal business purposes and in accordance with this Agreement. This license is granted solely for the duration of your lawful use of the Software and shall terminate automatically upon the cessation of such use or upon any breach of this Agreement.

2. Restrictions
You acknowledge and agree that the Software is licensed to you only as expressly set forth in this Agreement. You shall not copy, modify, adapt, translate, or create derivative works of the Software, nor shall you reverse engineer, decompile, or disassemble the Software, except to the extent such activity is expressly permitted by applicable law. You shall not rent, lease, lend, sell, sublicense, distribute, assign, pledge, or otherwise transfer the Software, nor shall you remove, obscure, or alter any copyright, trademark, or proprietary rights notices affixed to the Software. You shall not use the Software in violation of applicable law, regulation, or order, or in any manner that infringes upon or misappropriates the intellectual property or proprietary rights of any third party.

3. Ownership
You acknowledge and agree that the Software is licensed and not sold, and that MobiStream and its licensors retain all rights, title, and interest in and to the Software, including all intellectual property rights therein. No right, title, or interest in or to the Software is transferred to you other than the limited license expressly granted in Section 1.

4. Updates
MobiStream may, from time to time, develop patches, bug fixes, updates, upgrades, or other modifications to the Software. Such updates may be installed automatically or may require separate installation by you. All such updates shall be deemed part of the Software and subject to the terms of this Agreement, unless separate terms accompany such updates, in which case those terms shall govern.

5. Data and Privacy
You acknowledge and agree that use of the Software may involve the collection, processing, and storage of personal or organizational data. By using the Software, you consent to such collection, processing, and storage as described in the ShadowHQ Privacy Policy, as may be amended from time to time, and you further agree to comply with all applicable laws relating to the protection of personal data and privacy.

6. Termination
This Agreement shall remain in force until terminated. MobiStream may terminate this Agreement immediately, without notice, if you fail to comply with its provisions. Upon termination, you shall cease all use of the Software and delete all copies of the Software from any devices under your control.

7. Disclaimer of Warranties
To the maximum extent permitted by applicable law, the Software is provided “as is” and without any warranties, representations, or conditions of any kind, whether express, implied, statutory, or otherwise, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. MobiStream does not warrant that the Software will be error-free, secure, uninterrupted, or that defects will be corrected.

8. Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall MobiStream, its affiliates, officers, directors, employees, agents, or licensors be liable to you for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, data, goodwill, or business opportunities, arising from or relating to your use of or inability to use the Software, whether in contract, tort, or otherwise, even if MobiStream has been advised of the possibility of such damages. MobiStream’s total aggregate liability under this Agreement shall not exceed the amount, if any, paid by you to obtain the Software.

9. Governing Law
If you are located in Canada, this Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. If you are located in the United States of America, this Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles. You irrevocably submit to the exclusive jurisdiction of the courts of such jurisdiction for any dispute arising under this Agreement.

10. Third-Party Terms and App Store Requirements
You acknowledge and agree that the availability of the Software is dependent upon the third-party app store from which you download the Software, including the Apple App Store or the Google Play Store (each, an “App Store”). This Agreement is between you and MobiStream only, and not with any App Store provider, and MobiStream, not the App Store provider, is solely responsible for the Software. If you download the Software from the Apple App Store, you acknowledge and agree that Apple, Inc. and its subsidiaries are third-party beneficiaries of this Agreement and that, upon your acceptance of this Agreement, Apple shall have the right to enforce this Agreement against you as a third-party beneficiary. You further agree that Apple shall have no obligation whatsoever to furnish any maintenance or support services with respect to the Software. If you download the Software from the Google Play Store, you acknowledge that Google LLC and its affiliates are third-party beneficiaries of this Agreement and that Google shall have the right to enforce this Agreement against you as a third-party beneficiary. You further acknowledge and agree that your use of the Software may also be subject to the terms and conditions and policies of the App Store through which the Software is distributed, and in the event of any conflict between this Agreement and the applicable App Store terms, the App Store terms shall control solely with respect to your use of the Software through that App Store.

11. Export Compliance
You represent and warrant that you are not located in a country that is subject to a Canadian, United States, or other governmental embargo, or that has been designated by such governments as a “terrorist supporting” country, and you further represent and warrant that you are not listed on any Canadian, United States, or other governmental list of prohibited or restricted parties. You agree that you shall not export, re-export, or transfer the Software to any country, person, entity, or end-user subject to such restrictions.

12. General
This Agreement constitutes the entire agreement between you and MobiStream with respect to the Software and supersedes all prior or contemporaneous agreements, understandings, or representations relating thereto. If any provision of this Agreement is found invalid or unenforceable, the remaining provisions shall remain in full force and effect. No failure or delay by MobiStream in exercising any right, power, or remedy under this Agreement shall constitute a waiver thereof. No modification or amendment of this Agreement shall be binding unless in writing and signed by MobiStream.

13. Contact Information
If you have any questions, complaints, or claims regarding the Software or this Agreement, you may contact us at: support@shadowhq.io