The terms and conditions below (the "Terms") together with the Privacy Policy govern your access to and use of the Peppypets web site and related mobile applications, products, and services (collectively, the "Site"), excluding any products and services provided to you by us under a separate written agreement. The Site is offered and provided by Fourth Power Food LLC ("we", "us", or "our"). In some instances, using our Site requires that you install our software on your computer or mobile device (the "Software"). By accessing our Site and in order to install or use Software, you must agree to these Terms without modification by you. You may terminate these Terms at any time by uninstalling the Software (if any), cancelling your account with us, and no longer accessing our Site. Some provisions will continue to be effective after termination of these Terms. These Terms constitute a legal agreement between you and us. You agree to these Terms by accessing or using the Site or our Software. Do not access or use the Site or our Software if you are unwilling or unable to be bound by these Terms.

1. Definitions.

a. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. The terms "you" and "your" refer to you, as a user of the Site.

b. "Content" means text, images, photos, audio, video, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to or through the Site, such as location information and any message you may post on or through the Site or information that you display as part of your account profile. "User Content" means Content that users submit or transmit to or through the Site including Your Content. "Our Content" means Content that we create and make available on the Site. "Third Party Content" means Content that is made available on the Site by parties other than us or our users, such as data providers who license data to us for use on the Site. "Site Content" means all of the Content that is made available on the Site, including Your Content, User Content, Third Party Content, and Our Content.

2. Eligibility.

The Site and the Software are not intended for children under the age of 13 and we do not knowingly collect information from children under the age of 13. If we become aware that an individual is under the age of 13 and has submitted any information to us for any purpose, we will delete his or her information from our files. In addition, if a parent or guardian becomes aware that a child has submitted personal information, that parent or guardian should immediately tell us that they would like this information deleted from our records by contacting us at the email address listed on the Site. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions. Further, you represent and warrant that you (a) have not previously been suspended by us or removed from the Site; (b) do not have more than one account for the Site at any given time; and (c) that you have full power and authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party.

3. Privacy.

We encourage you to review our privacy policy which can be found on our website ("Privacy Policy"). By agreeing to these Terms you are also agreeing to our Privacy Policy. Our Privacy Policy governs the collection, use and disclosure of information we collect from you. The information we collect is stored and processed by us on servers in the United States and potentially other countries. By installing the Software or using the Site you consent to any such transfer of your information outside your country and/or outside the country where you access or use the Site or have installed the Software.

4. Changes to the Terms.

We may modify these Terms from time to time. When changes are made, we will notify you by making the revised version available on this webpage and changing the Effective Date at the end of these terms. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Site or Software after any posted modification to the Terms indicates your acceptance of the modification.

5. User Accounts.

You need to create an account and provide information about yourself in order to use some of the features on the Site. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason. You will use your account for your personal, non-commercial use only. In creating an Account, you may not impersonate someone else, create an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. Some features of the Site may allow you to send and receive text messages (SMS) on your mobile device. The number of messages per month will depend upon your settings. If necessary, you grant us authorization to send SMS to your account. Message and data rates may apply and you will be responsible for paying such charges. Check with your carrier if you have questions about your plan and costs. To stop receiving text messages from this service, text STOP. Text HELP for more information about the text messaging service.

You authorize us and our affiliates, agents and independent contractors to contact you at any telephone number you provide to us or from which you place a call to us, or any telephone number where we believe we may reach you using any means of communication, including, but not limited to, calls or text messages to mobile, cellular, wireless or similar devices and calls or text messages using an automated telephone dialing system and/or artificial voices or prerecorded messages, even if you incur charges for receiving such communications.. You also agree that we and our affiliates, agents and independent contractors may use any other medium, as permitted by law and including, but not limited to, mail, text message and e-mail, to contact you. If you want to make a change in how we contact you, including with respect to any telephone number that we might use, please contact us. You agree that we and our affiliates, agents and independent contractors may listen to or record telephone calls between you and our representatives without additional notice to you.

6. Use of the Site.

We grant you permission to use the Site subject to the restrictions in these Terms. In accessing or using the Site, you may be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. We do not endorse or condone such Content. You therefore access and use the Site at your own risk. We reserve the right to set limits on the use of the Site at our discretion.

7. Restrictions on Use.

You agree that you will not, and will not assist or enable others to:

a. use the Site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user's use of the Site;

b. use the Site to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;

c. use the Site for promotional or commercial purposes, except as expressly allowed in writing by us;

d. use the Site in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting shill reviews;

e. use the Site for keyword spamming or to otherwise attempt to manipulate natural search results;

f. use the Site to promote bigotry or discrimination against protected classes;

g. use the Site to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

h. use the Site to submit or transmit pornography or illegal content;

i. use the Site to solicit personal information from minors or to harm or threaten to cause harm to minors (or persons of any age);

j. use the Site in violation of these Terms or any applicable law;

k. modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by us;

l. reverse engineer any portion of the Software or Site;

m. remove or modify any copyright, trademark or other proprietary rights notice on the Site or on any materials printed or copied off of the Site

n. record, process, or mine information about other users;

o. use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Site or any Site Content;

p. access, retrieve or index the Site for purposes of constructing or populating a searchable database of business reviews;

q. reformat or frame any portion of the Site;

r. take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure;

s. attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses"); use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; make excessive traffic demands; use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.

8. Permission to Use Your Content.

At our sole discretion, we may display Your Content on the Site in order to provide our service(s) and we may use Your Content to promote our Site, Software, and our services and other business uses. As such, you hereby grant us permission to use Your Content for our business purposes. You also grant the Site's users the right to access Your Content in connection with their use of the Site. Please note, we reserve certain rights to preserve Your Content in our off-line servers as explained in our Privacy Policy. Finally, you irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content.

9. Responsibility for Your Content.

You alone are responsible for Your Content. You assume all risks associated with Your Content, including anyone's reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of, Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by us.

You may expose yourself to liability if, for example, Your Content violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

10. Use of Content.

We may remove or reinstate User Content from time to time at our sole discretion. We have no obligation to retain Your Content, nor do we guarantee any confidentiality or other responsibility with respect to Your Content.

11. Software License and Restrictions.

When you create an account to use the Site, we grant you a personal, limited, non-transferable, non-sublicenseable, non-exclusive copyright license, solely for your own personal, non-commercial purposes, to install the Software on one computer or mobile device and use the Software as it is delivered to you for the sole purpose of using the Site. These are your only rights with regard to the Software. You may not or assist or enable others to decode, reverse-translate, modify, reverse-engineer, decompile, disassemble, or otherwise reduce the Software into source code form. All communications between us and the Software and the content stored on our computer servers and in the Software includes our confidential information and you may not access, publish, transmit, display, create derivative works of, store, or otherwise exploit any such confidential information except as such functions are performed by the Software in the ordinary course of operation. You do not have the right to create derivative works of the Software. Nothing in these Terms shall be deemed to grant any right or license to You (by implication, estoppel, or otherwise), except as expressly provided herein and no other license, authority to infringe, or immunity from infringement liability shall be deemed to arise or exist as a matter of law or otherwise. The foregoing limitations shall in no way be deemed a derogation of the express rights granted under these Terms. Please see "Additional Notices" available at www.Peppypets.com/legal/ for ownership and licensing information about additional software components included with the Software, if any.

12. Patent Policy Statement.

We may own patent rights or other intellectual property rights for the inventions or other features embodied in the Software or Site. We will respect applicable conditions of the open source licenses for software included in our products regarding such patent rights. By using the Site or Software, or agreeing to these Terms, we are not granting you any right, title, interest, or license in or to any of our patents or patents of our affiliates including but not limited to those related to (a) system on chip devices or chipsets, or virtual models thereof, or (b) any proprietary software that may be used or distributed by us or our affiliates or their respective customers, on system on chip devices.

13. Third Party Software, Services and/or Products.

Included as part of the Site and/or the Software provided to you, there may be other software that is licensed and available to you which is subject to third party license agreements. To the extent that these Terms may conflict with licenses or agreements governing your rights to that software, the agreement or license applicable to such third party software is covered by the terms of its applicable license or agreement. Your use of third party services will constitute your acceptance of their terms and conditions.

We may make available third party products and services for purchase through the Site. Descriptions and images of, and references to, third party products or services available in connection with the Site do not imply our endorsement of such third party products or services. All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service, to impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions, to bar you from making purchase(s), and/or to refuse to provide you with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your purchases. The risk of loss and title to products purchased on the Site pass to the purchaser upon delivery to the carrier.

14. Additional Terms for Forums, Blogs, & Other Interactive Media Features.

Our Site may provide one or more forums, blogs, testimonials, endorsements or other interactive or social media features ("Forums") for users of our Site to exchange information with each other and with us about the Site (the "Purpose"). If you use the Forums, in addition to any other terms we may require when you register to use the Forums or otherwise posted at or on the Forums, you agree to the following:

a. Restrictions. You agree not to use the Forums for any reason other than the Purpose. The material on the Forums is protected by international copyright trademark and other intellectual property laws. Except as permitted through a "Share" function which we may provide on the Forums (or with our express written permission), you may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any material from the Forums including, but not limited to, any code or software we may provide.

b. Postings Not Necessarily the Opinion of Us. Some of the individuals posting to Forums work for us; however, opinions expressed in the Forums or elsewhere on the Site and in any corresponding comments are the personal opinions of the original authors, and do not necessarily reflect our views. Additionally, our Site and Forums may include advertisements, testimonials and endorsements that feature users and convey his or her experience with our products and services. In some cases, these users may have been provided our product or service free of charge, for purposes of reviewing such product or service, and providing his or her feedback, or may have been provided other remuneration or consideration, such as the potential for a television appearance. While a consumer may have received remuneration for our advertisements, testimonials and endorsements, our policy is to solicit honest opinions, findings, beliefs or experiences with our products and services.

c. Postings. Although we may attempt to keep objectionable messages off the Site and Service, it is impossible for us to review all messages. All messages express the views of the author, and we will not be held responsible for any message or associated content.

d. Your Responsibilities. You take full responsibility for any and all messages and associated content you post to the Forums or exchange through the Forums. In addition, if you post any messages, upload files, input data, or engage in any other form of communication through the Forums (a "Posting"), you represent and warrant the following: (a) you own all right, title, and interest in and to the Posting, or you have been granted sufficient rights in and to the Posting allowing you to post such Posting, (b) you will not post any messages or other materials that are obscene, vulgar, sexually-orientated, hateful, threatening, or otherwise violate any laws, (c) you must not breach obligations of confidentiality that you owe to another party either in posting or using a Posting, (d) any Postings you make to the Site do not infringe any third party copyright, trademarks, any other intellectual property rights or any applicable law and (e) you will indemnify us and our affiliates, partners, licensors, service providers, content providers, and their and our directors, officers, employees and agents against all claims, losses, liabilities, costs, damages and expenses incurred by us or them due to any breach by you of these Terms or your use of the Forums. For the purposes of this section, references to "your use" of the Forums shall be deemed to include any use by a third party where such third party accesses the Forums using your computer.

e. Be Forewarned. When using the Forums and viewing Postings, you need to be aware of the following issues:

i. The Forums may include contributions from various sources over which we have no control (including any content submitted by third party users).

ii. We do not pre-screen or exercise editorial control over Postings, and take no responsibility for such Postings.

iii. We reserve the right to edit or remove Postings at any time and in our sole discretion, including those that are in breach of these Terms or in breach of any obligation of confidentiality You owe us, infringe or are alleged to infringe the intellectual property rights of any third party, or are defamatory, or otherwise are not relevant to the Forums and we will not be liable in relation to the removal of, or failure to remove, any Postings.

f. Messages to Registered Users. Our Forums may allow you to send messages directly to other Forum users who have made their contact information available for receiving such messages. You agree to only send messages to other Forum users for the purpose of exchanging information about the Purpose and any other use of the ability to send messages to other Forum users is strictly prohibited. Moreover, you shall not use the contact information made available through the Forum for any of the following: (1) to send unsolicited commercial email (i.e., spam) or any other type of unsolicited commercial message, or (2) to send any message that is vulgar, sexually-orientated, hateful, threatening, or otherwise violates any laws.

g. License. By adding a Posting to the Forum, you are granting us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: (a) post, use, copy, sublicense, adapt, transmit, publicly perform or display any such Posting, (b) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, host, communicate, make available and publish your Posting without restriction and (c) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the Posting. The foregoing grants shall include the right to exploit any ideas, concepts, intellectual property, or proprietary rights in such Posting, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction without us owing any monies to you whatsoever.

h. Posting Guidelines. Our Forums may contain additional rules or posting guidelines. In such case, you agree to conform your Postings to any such additional rules or posting guidelines.

15. Notices of Copyright Infringement.

Notifications of claimed copyright infringement should be sent to Fourth Power Food LLC’s Designated Agent in writing at the following address:

Fourth Power Food LLC
Registered Agents Inc.
700 Lavaca, STE 1401
Austin, Texas 78701
Travis County

To be effective, the Notification must include the following:

a. A physical or electronic signature of the owner whose exclusive right is allegedly infringed or a person authorized to act on his or her behalf;

b. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

c. Identification of the material that is claimed to be infringing or is the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material on the Site;

d. Information reasonably sufficient to permit us to contact the copyright owner or his/her authorized agent including an address, telephone number, and if available, an electronic mail address;

e. A statement that the copyright owner or authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

f. A statement that the information in the notification is accurate, and if submitted by the owner's authorized agent a statement under penalty of perjury, that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Within a commercially reasonable time after receipt of the written Notification containing the information as outlined in a through f above we will attempt to investigate the matter and if in our sole discretion, it is deemed meritorious, remove or disable access to the material that is alleged to be infringing and forward the written notification to the alleged infringer and take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the allegedly infringing material.

16. Counter Notification:

To be effective, a Counter Notification must be a written communication provided to our Designated Agent at the above provided address that includes substantially the following:

a. A physical or electronic signature of the alleged infringer;

b. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

c. A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;

d. The alleged infringer's name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of Federal District Court for Austin, Texas, or if the Subscriber's address is outside of the United States, for any judicial district in which we may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person.

After receipt of a Counter Notification containing the information as outlined in 1 through 4 above, we will attempt to investigate the matter and if in our sole discretion, it is deemed meritorious, provide the Complaining Party with a copy of the Counter Notification within a commercially reasonable time and inform the copyright owner or designated agent that we will replace the removed material or cease disabling access to it within ten (10) business days. If our designated agent has not received notice from the copyright owner or his/her designated agent within ten (10) business days that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity in relation to the allegedly infringing material, we will restore the allegedly infringing material.

17. Site Availability.

We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.

18. Unauthorized Access.

We reserve the right to exercise whatever lawful means we deem necessary to prevent unauthorized access to or use of the Site, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.

19. Links to Third Parties.

The Site may include links to other websites (each, a "Third Party Site"). We do not control or endorse any Third Party Site, and you agree that we are not responsible for the availability or contents of such Third Party Sites. Some of the products and services made available through the Site are provided in connection with third parties and subject to additional terms posted here which you are bound by in accordance with its terms, which terms are incorporated herein by reference.

20. Export Compliance.

By downloading the Software, you agree that you are solely responsible for complying with all United States export control regulations, including the Export Administration Regulations ("EAR"), and sanctions programs, including those administered by the United States Treasury Department's Office of Foreign Assets Controls ("OFAC"), and all other applicable international trade regulations. You agree that you will not download or use the Software without all required approvals in any proscribed destination (including Cuba, Iran, North Korea, Sudan, and Syria), on behalf of any proscribed entity or person, for any proscribed end use, or in any other manner contrary to these export regulations and sanctions programs. By downloading or using the Software, you represent, warrant and certify that you are not a proscribed end-user or utilizing this software for a proscribed end use under these regulations. This assurance shall survive the expiration or termination of this Agreement.

21. Suggestions and Improvements.

By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide right and license to use, modify, publish, distribute, create derivative works of and sublicense the Feedback in our sole discretion.

22. Termination.

a. We may terminate or suspend your account or ability to use the Site, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. For example, we may terminate or suspend your account or ability to use the Site if you misuse the Site. Any such termination or suspension could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.

b. You may terminate these Terms at any time by closing your account, discontinuing your use of any and all parts of the Site and if have installed our Software, by uninstalling it. If you close your account, we may continue to display Your Content where it implicates other users.

c. In the event of any termination, whether by you or us, Sections 1, 8, 9, 14(d)(e), 21 – 29 of these Terms will continue in full force and effect.

23. Ownership.

We own Our Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with Our Content, the Software and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of Our Content or Software in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site, the Software and Our Content are retained by us.

24. Warranties, Disclaimers, and Limitations of Liability.

a. THE SOFTWARE, SITE AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. WE (FOR THE PURPOSES OF SECTION 24 AND 25, WE AND OUR AFFILIATES, WIRELESS CARRIER AND OTHER SERVICE PROVIDERS, DISTRIBUTORS, ORIGINAL EQUIPMENT MANUFACTURERS, SUPPLIERS AND PARTNERS ARE COLLECTIVELY REFERRED TO AS "OUR," "WE" OR "US") MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, REGARDING ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING (1) THE OPERATION AND FUNCTIONALITY OF THE SOFTWARE OR SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE SOFTWARE OR SITE CONTENT, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE SOFTWARE, SITE OR SITE CONTENT.WE CAN'T PROMISE UNINTERRUPTED OR ERROR–FREE SERVICE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE IS FREE FROM VIRUSES OR OTHER HARMFUL OR MALICIOUS COMPONENTS AND WE DON'T AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON OUR BEHALF. THIS DOESN'T DEPRIVE YOU OF ANY WARRANTY RIGHTS YOU MAY HAVE AGAINST ANYONE ELSE. WE MAKE NO REPRESENTATIONS OR WARRANTIES ON THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY LOCATION OR OTHER DATA MADE AVAILABLE TO YOU. YOUR USE OF ANY INFORMATION AVAILABLE THROUGH THE SERVICES IS AT YOUR OWN RISK AND RESPONSIBILITY.

b. UNLESS THE LAW FORBIDS IT IN ANY PARTICULAR CASE, THE LIMITATIONS AND WAIVERS IN THIS SECTION WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER STATUTORY, FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, PRODUCTS LIABILITY OR ANY OTHER THEORY. YOU WILL NOT BE ENTITLED TO SEEK ANY ATTORNEYS FEES, INDIRECT, SPECIAL, TREBLE, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM THE US. YOU AGREE THAT WE ARE NOT LIABLE FOR PROBLEMS CAUSED BY YOU OR A THIRD PARTY; BY BUILDINGS, ACCIDENTS, HILLS, NETWORK CONGESTION, TUNNELS, TOWERS, WEATHER OR OTHER THINGS WE DON'T CONTROL; OR BY ANY ACT OF GOD. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO CONTRACTUAL RELATIONSHIP WHATSOEVER WITH ANY OF OUR SERVICE PROVIDERS AND YOU ARE NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN US AND SUCH SERVICE PROVIDERS. UNLESS YOU HAVE A SEPARATE CONTRACT WITH OUR SERVICE PROVIDERS, SUCH SERVICE PROVIDERS HAVE NO LEGAL, EQUITABLE OR OTHER LIABILITY OF ANY KIND TO YOU AND YOU WAIVE ANY AND ALL CLAIMS OR DEMANDS FOR SUCH LIABILITY. OUR MAXIMUM LIABILITY TO YOU UNDER ANY THEORY (INCLUDING BUT NOT LIMITED TO FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, OR PRODUCTS LIABILITY) IS LIMITED TO US $100.

25. Indemnity.

You agree to indemnify and hold us, our parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Site, (ii) your violation of these Terms, (iii) claims for libel, slander or any property damage, personal injury or death, (iv) the use, failure to use, or inability to use the Site or Software or any products or services available through the Site, caused directly or indirectly by you, or (v) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

26. Disputes and Mandatory Arbitration Clause.

IT IS IMPORTANT THAT YOU READ THIS ARBITRATION CLAUSE. IT PROVIDES THAT YOU MAY BE REQUIRED TO SETTLE ANY CLAIM OR DISPUTE THROUGH ARBITRATION, EVEN IF YOU WOULD PREFER TO LITIGATE SUCH CLAIMS BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL THE DECISION, MAY NOT BE AVAILABLE IN ARBITRATION OR MAY BE MORE LIMITED.

You may opt out of Mandatory Arbitration within the first sixty (60) days of creating an account with us. Please contact us if you would like to opt out of Mandatory Arbitration. If you do not opt out within sixty (60) days of creating your account, you accept Mandatory Arbitration. If you opt out, you will not be required to arbitrate any claims. There is no penalty or other negative consequence if you do opt out.

a. The Federal Arbitration Act applies these Terms. Any dispute, controversy or claim between us, regardless of whether based on your subscription, the services, the balance on your account, your Product, any prior account you had with us, your application, these Terms, any prior agreement or any other facts, and regardless of whether the legal theory is based on these Terms, another common law theory, a statute or another ground (each, a “Claim”), will be settled by neutral arbitration before the American Arbitration Association (“AAA”). Claims within the applicable small claims limit in your jurisdiction may be brought in small claims court rather than arbitration.

b. Forum Selection and Applicable Procedure. Unless you and we agree otherwise, the arbitration will take place in the county of your billing address (provided such address is in the United States). For Claims over $10,000 the AAA's Wireless Industry Arbitration ("WIA") rules will apply. In large/complex cases under the WIA rules, the arbitrators must apply the Federal Rules of Evidence and a party may have the award reviewed by a panel of three new arbitrators. For Claims of $10,000 or less, the complaining party can choose either the AAA's Supplementary Procedures for Consumer-Related Disputes or individual action in small claims court. You can obtain procedures, rules and fee information from the AAA (www.ADR.org) or from us. Each of us may be required to exchange relevant evidence in advance. For claims of $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by telephonic hearing, or by an in-person hearing. To initiate arbitration under these Terms, contact the AAA, which will provide the necessary forms for you to submit. In the case of a conflict between any arbitration rules and these Terms, these Terms govern.

c. Arbitration Fees and Costs. In any arbitration between us, you will be responsible for paying your share of the arbitration fees up to the amount of any filing fees you would have incurred if you had brought a claim in the state or federal court closest to your billing address, and we will pay the remainder of the fees.

d. CLASS ACTION WAIVER. YOU AND WE EACH WAIVE THE RIGHT TO BRING CLAIMS ON A REPRESENTATIVE OR CLASS BASIS,EVEN IF AAA OR WIA PROCEDURES OR RULES WOULDALLOW IT. WE ARE EACH WAIVING THE RIGHT TO A JURY OR COURT TRIAL. The arbitrator may award monetary or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual Claim. IF THIS CLASS ACTION WAIVERIS DEEMED UNENFORCEABLE, THEN THE ENTIRE ARBITRATION PROVISIONSHALL BE DEEMED UNENFORCEABLE. IN NO CIRCUMSTANCE SHALL CLASS CLAIMS BE BROUGHT OR ADJUDICATED IN ARBITRATION.

e. Claim Notices. If you or we have a Claim against the other, before initiating, joining, or participating in any lawsuit, arbitration or other legal proceeding, the complaining party shall give the other party: (1) a written notice of the Claim (referred to below as a “Claim Notice”), explaining in reasonable detail the nature of the Claim and any supporting facts; and (2) a reasonable good faith opportunity (not less than 30 days) to resolve the claim without the necessity of a legal proceeding. Any Claim Notice directed to FPF shall be sent to us at FPF, Inc., Registered Agents Inc. 700 Lavaca, STE 1401 Austin, Texas 78701 Travis County. Any Claim Notice directed to you shall be sent to your address appearing in our records or, if you advise us that you are represented by counsel, to your attorney at your attorney’s office. If you or we fail to comply with this Claim Notices provision before commencing a lawsuit, arbitration or other legal proceeding, that failure shall be a complete defense to all claims asserted in such proceeding.

f. Use of Arbitration Award or Judgments in Subsequent Cases. An arbitration award and any judgment confirming it only applies to the arbitration in which it was awarded and can’t be used in any other case except to enforce the award itself.

g. Cure Provision. You and we intend for both of us to have the right to arbitrate disputes on an individual basis as set forth above. If a court finds any reason to invalidate or refuse to enforce this arbitration provision, the party aggrieved by that decision shall have the right to take unilateral action to eliminate the basis for the court’s decision, such as by waiving any right or remedy it has under these Terms or agreeing to additional fee or cost shifting. This cure right may be exercised during briefing of a motion to compel arbitration, during oral argument, or in a renewed motion to compel arbitration. If a renewed motion is filed, you and we agree that the exercise of cure rights hereunder shall constitute new facts permitting such a renewed motion.

h. Applicable Law. Except to the extent we've agreed otherwise in the provisions on arbitration, or as required by Federal law, these Terms and all disputes between us (whether or not based on these Terms) are governed by the laws of the state of your residence, without regard to that state’s conflict of laws principles, provided, that, if you reside outside of the United States, then the laws of the State of Texas, without reference to its conflicts of laws principles, shall be the governing law.

27. Miscellaneous.

a. U.S. Government Restricted Rights. The Software and Site are provided with Restricted Rights. Federal, state and local governments agree to the terms and conditions of this commercial license.

b. No agency, partnership, joint venture, or employment is created as a result of these Terms, and you do not have any authority of any kind to bind us in any respect whatsoever.

c. We may provide you with notices, including those regarding changes to these Terms by email, regular mail or postings on the Site. You hereby waive service of process in connection with any legal matters or proceedings pertaining to these Terms, and agree that (to the extent permitted by applicable law) service at the address indicated in your account information is proper service. Such service may be served by mail or fax, which shall be deemed full and complete service on you. If you intend to carry out legal action of any kind against the Site you are required to contact us at least ten (10) business days before any legal claim is made.

d. These Terms contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.

e. Any failure on our part to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

f. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

g. These Terms are not assignable, transferable or sublicensable by you except with our prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of these Terms shall be void.

h. The section titles in these Terms are for convenience only and have no legal or contractual effect.

28. Trademarks

Peppypets, Peppypets logo, and Peppyfactors logo are trademarks of Fourth Food Food LLC. All other marks are owned by their respective owners.

29. Contact and Violations.

Please contact us with any questions regarding these Terms. Please report any violations of these Terms to us using the Feedback form within the Website orwrite to us at:

Fourth Power Food LLC
701 Travis Street
Suite 1616
Austin TX 78701

CUSTOMER CONTRACT

I. The Contract

Thank you for choosing our pet location product and service. PLEASE READ THIS CONTRACT CAREFULLY, INCLUDING THE ARBITRATION PROVISION IN SECTION I. This is the contract that applies to your paid, trial, promotional and other Peppypets product subscriptions (the "Contract"). By using the pet location service, you are accepting this Contract and you are bound by its terms and conditions. This Contract applies to all of the Peppypets product and services provided to you by Fourth Power Food LLC. ("FPF").

A. Acceptance of this Contract:

THIS CONTRACT STARTS WHEN YOU ACCEPT. You accept when you do any of the following things:

· Give FPF a written or electronic signature; or

· Use the Product and/or service, including your use of the service after changes or additions to your subscription have been made and we have notified you that the change or addition requires your acceptance.

IF YOU DO NOT WANT TO ACCEPT, DO NOT DO ANY OF THESE THINGS. You can cancel, change or transfer your subscription only as allowed in Section D of this Contract.

B. The Service:

1. How the Service Works:

Since this is a wireless service, the quality of your signal and your ability to get the service may be affected by your location. We can't provide service when your Product isn't in range of a transmission site used to provide the service. You must be within our coverage area to use the service and to perform certain functions from your Product, such as initial activation of the service, deactivation, and service changes (to name a few). Even within our coverage area, there are many factors, including network capacity, limitations and restrictions of wireless carrier service providers, your Product type, terrain, your proximity to buildings, foliage and weather (to name a few) that may impact availability and quality of the service. You acknowledge and accept these limitations of the service. The service provides an approximate location of the requested Product and does not provide guaranteed results. The results you obtain from the service, including but not limited to directions, maps, and requested locations or messaging, may not be accurate, timely or reliable. We reserve the right to set limits on the use of the service at our discretion. We do not guarantee that any lost animal will be found and we do not provide any service for the purpose of searching and/or recovering your animal. THE PEPPYPETS PRODUCTS ARE ONLY INTENDED FOR TRACKING PETS. DO NOT USE FOR TRACKING CHILDREN OR OTHER HUMANS. USING THE PEPPYPETS PRODUCTS IN A MANNER OTHER THAN SPECIFIED IN THE USER MANUAL MAY CAUSE INJURY.

2. Interrupted Service:

The service may be interrupted or restricted without notice to you. We are not required to give any refunds or credits if your service is interrupted or if your ability to use the service is limited based on our network's coverage and availability. Please visit www.Peppypets.com or contact our Customer Care department if you have any questions regarding interruption of your service.

3. Your Account:

You must establish an account to use the service and activate your Product(s). You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. In creating an account, you may not impersonate someone else, create an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. Our services are not directed at children under the age of 13. This service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions. If you are ordering for an organization, you are representing that you are authorized to bind it, and where the context requires, "you" means the organization.

4. SMS Charges: The service may allow you to send and receive text messages (SMS) on your mobile device. The number of messages per month will depend upon your settings. You grant us authorization to send SMS to your account. Message and data rates may apply and you will be responsible for paying such charges. Check with your carrier if you have questions about your plan and costs. To stop receiving text messages from this service, text STOP to 52366. Text HELP for more information about the text messaging service.

5. Authorization to Contact You By Phone. You authorize us and our affiliates, agents and independent contractors to contact you at any telephone number you provide to us or from which you place a call to us, or any telephone number where we believe we may reach you using any means of communication, including, but not limited to, calls or text messages to mobile, cellular, wireless or similar devices and calls or text messages using an automated telephone dialing system and/or artificial voices or prerecorded messages, even if you incur charges for receiving such communications.

6. Authorization to Contact You By Other Means. You also agree that we and our affiliates, agents and independent contractors may use any other medium, as permitted by law and including, but not limited to, mail, text message and e-mail, to contact you.

7. Your Right to Make Changes. If you want to make a change in how we contact you, including with respect to any telephone number that we might use, please contact through our contact information on www.peppypets.com.

8. Authorization to Record Calls. You agree that we and our affiliates, agents and independent contractors may listen to or record telephone calls between you and our representatives without additional notice to you.

C. Terms of the Contract and Your Service Plan:

1. Changes to Terms of the Contract:

Your service is subject to our business policies, practices and procedures, which we can change without giving notice to you. UNLESS OTHERWISE PROHIBITED BY LAW, WE RESERVE THE RIGHT TO ADD TO, UPDATE OR AMEND THE TERMS AND CONDITIONS OF THIS CONTRACT AT ANY TIME. Such updates or amendments will be posted on our web site at www.Peppypets.com. Subject to your receipt of notice of such updates or amendments, you shall be bound by all such updates and amendments from the date the update or amendment is made. Please visit www.Peppypets.com or contact our Customer Care department if you have any questions about these changes and how they apply to your use of the service and/or your Product).

2. Service Plans:

When you purchase the Peppypets pet activity tracking device, you will be purchasing a product that provides information about your pet, other pets, and other general information related to pets. There are no obligations of either party to continue service for any defined period of time. Both parties may choose to cancel the service at any time.

E. Our Rights to Limit or End Your Service or This Contract:

You can only use the service for personal, noncommercial uses. You agree not to resell or redistribute the service to someone else without our prior written permission, which we can withhold in our sole discretion. You also agree that your Product and the service won't be used for any purpose that isn't allowed by your Plan or this Contract or for any purpose that's illegal. You agree that you will not install, deploy or use any regeneration equipment or similar mechanism (for example, a repeater) to originate, amplify, enhance, retransmit, copy or regenerate a transmitted radiofrequency signal(s). WE CAN, WITHOUT NOTICE, LIMIT, SUSPEND OR END YOUR SERVICE OR ANY CONTRACT WITH YOU FOR GOOD CAUSE, including, but not limited to: (i) if you: (a) breach this Contract; (b) make a late payment more than once in any 12 month period or, in the case of pre-paid subscriptions, if your credit or debit card is declined more than once during any 12 month period; (c) incur charges larger than a required deposit or billing limit (even if we haven't yet billed the charges); (d) provide credit information we can't verify; (e) become insolvent or go bankrupt; (f) lie to us; (g) allow anyone to tamper with your Product; or (ii) if you, any user of your Product or any authorized contact on your account: (a) threaten or commit violence against our representatives; (b) use vulgar and/or inappropriate language toward our representatives; (c) harass our representatives; (d) interfere with our operations; (e) "spam," or engage in other abusive activities; (f) modify your Product from its manufacturer's specifications; (g) use the Product or your service to violate or infringe upon any rights of any kind of us or any third party, including, but not limited to, copyright, trademark, contract, defamation, right of privacy or publicity or any other right of any person or entity; or (h) use the service in a way that adversely affects us, our network or other customers, partners, representatives, agents or affiliates. We can also temporarily limit your service for any operational or governmental reason. WE CAN CANCEL ANY AND ALL SERVICE OFFERINGS AT ANY TIME AND FOR ANY REASON.

F. Charges, Fees and Taxes:

1. Charges and Fees We Set:

In return for receiving the service, you agree to pay the purchase price of the Peppypets activity tracker.

· Returned Payment Fee: If any bank or other financial institution refuses to honor any payment of yours, we will cancel your service without warning or notification.

· Taxes & Charges We Set: Usage charges, taxes and other fees may vary depending on where, when and how you use your Product or the service.

2. Taxes, Fees and Surcharges We Don't Set:

You are responsible for, and agree to pay, all taxes, fees and surcharges set by any governmental agency or taxing authority. We may not always give advance notice of changes to these items.

G. Your Product and Safety:

1. Your Product:

Your product is any Peppypets products and related components ("Product") you use to receive the service. Whether you buy your Product from FPF or someone else is entirely your choice. FPF may change the software required for your Product, applications or programming remotely and without notice. This could affect the way you use your Product. We are not responsible for the advertising, statements, practices, promises or services of manufacturers or sellers of the Products.

2. Safety:

It is your responsibility to exercise discretion and observe all safety measures required by law and common sense. We assume no responsibility for accidents resulting from or associated with the use of the service or your Product. Additional safety information and product warnings included with your Product should be followed.

H. Our Rights to Limit or End Your Service or This Contract:

I. DISPUTES AND MANDATORY ARBITRATION CLAUSE:

You may opt out of Mandatory Arbitration within the first sixty (60) days of receiving a copy of this Contract. Please contact our Customer Care department if you would like to opt out of Mandatory Arbitration. If you do not opt out within sixty (60) days of receipt of this Contract, you accept Mandatory Arbitration. If you opt out, you will not be required to arbitrate any claims. There is no penalty or other negative consequence if you do opt out.

1. GENERAL ARBITRATION PROVISION: The Federal Arbitration Act applies to this Contract. Any dispute, controversy or claim between us, regardless of whether based on your subscription, the services, the balance on your account, your Product, any prior account you had with us, your application, this Contract, any prior agreement or any other facts, and regardless of whether the legal theory is based on this Contract, another common law theory, a statute or another ground (each, a “Claim”), will be settled by neutral arbitration before the American Arbitration Association (“AAA”), provided, however, that any Claim arising out of or related to the EULA will be governed by the provisions of the EULA. Claims within the applicable small claims limit in your jurisdiction may be brought in small claims court rather than arbitration.

2. FORUM SELECTION AND APPLICABLE PROCEDURE: Unless you and we agree otherwise, the arbitration will take place in the county of your billing address (provided such address is in the United States). For Claims over $10,000, the AAA’s Wireless Industry Arbitration (“WIA”) rules will apply. In large/complex cases under the WIA rules, the arbitrators must apply the Federal Rules of Evidence and a party may have the award reviewed by a panel of three new arbitrators. For Claims of $10,000 or less, the complaining party can choose either the AAA’s Supplementary Procedures for Consumer-Related Disputes or individual action in small claims court. You can obtain procedures, rules and fee information from the AAA (www.ADR.org) or from us. Each of us may be required to exchange relevant evidence in advance. For claims of $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by telephonic hearing, or by an in-person hearing. To initiate arbitration under this Contract, contact the AAA, which will provide the necessary forms for you to submit. In the case of a conflict between any arbitration rules and this Contract, this Contract governs.

3. ARBITRATION FEES AND COSTS: In any arbitration between us, you will be responsible for paying your share of the arbitration fees up to the amount of any filing fees you would have incurred if you had brought a claim in the state or federal court closest to your billing address, and we will pay the remainder of the fees.

4. CLASS ACTION WAIVER: YOU AND WE EACH WAIVE THE RIGHT TO BRING CLAIMS ON A REPRESENTATIVE OR CLASS BASIS, EVEN IF AAA OR WIA PROCEDURES OR RULES WOULD ALLOW IT. WE ARE EACH WAIVING THE RIGHT TO A JURY OR COURT TRIAL. The arbitrator may award monetary or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual Claim. IF THIS CLASS ACTION WAIVER IS DEEMED UNENFORCEABLE, THEN THE ENTIRE ARBITRATION PROVISION SHALL BE DEEMED UNENFORCEABLE. IN NO CIRCUMSTANCE SHALL CLASS CLAIMS BE BROUGHT OR ADJUDICATED IN ARBITRATION.

5. CLAIM NOTICES: If you or we have a Claim against the other, before initiating, joining, or participating in any lawsuit, arbitration or other legal proceeding, the complaining party shall give the other party: (1) a written notice of the Claim (referred to below as a “Claim Notice”), explaining in reasonable detail the nature of the Claim and any supporting facts; and (2) a reasonable good faith opportunity (not less than 30 days) to resolve the claim without the necessity of a legal proceeding. Any Claim Notice directed to FPF shall be sent to us at FPF, Registered Agents Inc. 700 Lavaca, STE 1401 Austin, Texas 78701 Travis County. Any Claim Notice directed to you shall be sent to your address appearing in our records or, if you advise us that you are represented by counsel, to your attorney at your attorney’s office. If you or we fail to comply with this Claim Notices provision before commencing a lawsuit, arbitration or other legal proceeding, that failure shall be a complete defense to all claims asserted in such proceeding.

6. USE OF ARBITRATION AWARD OR JUDGMENTS IN SUBSEQUENT CASES: An arbitration award and any judgment confirming it only applies to the arbitration in which it was awarded and can’t be used in any other case except to enforce the award itself.

7. CURE PROVISION: You and we intend for both of us to have the right to arbitrate disputes on an individual basis as set forth above. If a court finds any reason to invalidate or refuse to enforce this arbitration provision, the party aggrieved by that decision shall have the right to take unilateral action to eliminate the basis for the court’s decision, such as by waiving any right or remedy it has under this Contract or agreeing to additional fee or cost shifting. This cure right may be exercised during briefing of a motion to compel arbitration, during oral argument, or in a renewed motion to compel arbitration. If a renewed motion is filed, you and we agree that the exercise of cure rights hereunder shall constitute new facts permitting such a renewed motion.

J. Disclaimers/Limitation of Liability:

1. Disclaimer of Warranties:

EXCEPT AS OTHERWISE PROVIDED IN ANY SEPARATE LIMITED WARRANTY THAT MAY BE APPLICABLE TO YOUR PRODUCT, WE (FOR THE PURPOSES OF THIS SECTION I, WE AND OUR AFFILIATES, WIRELESS CARRIER AND OTHER SERVICE PROVIDERS, DISTRIBUTORS, ORIGINAL EQUIPMENT MANUFACTURERS, SUPPLIERS AND PARTNERS ARE COLLECTIVELY REFERRED TO AS "OUR," "WE" OR "US") MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, REGARDING ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICE OR YOUR PRODUCT. WE CAN'T PROMISE UNINTERRUPTED OR ERROR–FREE SERVICE AND DON'T AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON OUR BEHALF. THIS DOESN'T DEPRIVE YOU OF ANY WARRANTY RIGHTS YOU MAY HAVE AGAINST ANYONE ELSE. ALL DATA AND INFORMATION IS PROVIDED TO YOU ON AN "AS IS" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES ON THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY LOCATION OR OTHER DATA MADE AVAILABLE TO YOU. YOUR USE OF ANY INFORMATION AVAILABLE THROUGH THE SERVICES IS AT YOUR OWN RISK AND RESPONSIBILITY.

2. Waivers and Limitations of Liability:

UNLESS THE LAW FORBIDS IT IN ANY PARTICULAR CASE, THE LIMITATIONS AND WAIVERS IN THIS SECTION WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER STATUTORY, FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, PRODUCTS LIABILITY OR ANY OTHER THEORY. NEITHER WE NOR YOU WILL SEEK ANY ATTORNEYS FEES, INDIRECT, SPECIAL, TREBLE, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM THE OTHER. YOU AGREE THAT WE ARE NOT LIABLE FOR PROBLEMS CAUSED BY YOU OR A THIRD PARTY; BY BUILDINGS, ACCIDENTS, HILLS, NETWORK CONGESTION, TUNNELS, TOWERS, WEATHER OR OTHER THINGS WE DON'T CONTROL; OR BY ANY ACT OF GOD. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS US AND EACH OF OUR OFFICERS, EMPLOYEES, AFFILIATES AND AGENTS FROM AND AGAINST ANY CLAIMS, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIMS, ALLEGING LOSS, COSTS, EXPENSES, DAMAGES OR INJURIES (INCLUDING INJURIES RESULTING IN DEATH) ARISING OUT OF OR IN CONNECTION WITH CLAIMS FOR LIBEL, SLANDER, OR ANY PROPERTY DAMAGE, PERSONAL INJURY OR DEATH, ARISING IN ANY WAY DIRECTLY OR INDIRECTLY IN CONNECTION WITH THIS CONTRACT, THE USE, FAILURE TO USE, OR INABILITY TO USE THE PRODUCT OR THE SERVICES, EXCEPT WHERE THE CLAIMS RESULT FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. IF ANOTHER SERVICE PROVIDER IS INVOLVED IN ANY PROBLEM (FOR EXAMPLE, BECAUSE OF ROAMING), YOU ALSO AGREE TO ANY LIMITATIONS OF LIABILITY THAT THE SERVICE PROVIDER ALSO IMPOSES. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO CONTRACTUAL RELATIONSHIP WHATSOEVER WITH ANY OF OUR SERVICE PROVIDERS AND YOU ARE NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN US AND SUCH SERVICE PROVIDERS. UNLESS YOU HAVE A SEPARATE CONTRACT WITH OUR SERVICE PROVIDERS, SUCH SERVICE PROVIDERS HAVE NO LEGAL, EQUITABLE OR OTHER LIABILITY OF ANY KIND TO YOU AND YOU WAIVE ANY AND ALL CLAIMS OR DEMANDS FOR SUCH LIABILITY. OUR MAXIMUM LIABILITY TO YOU UNDER ANY THEORY (INCLUDING BUT NOT LIMITED TO FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, OR PRODUCTS LIABILITY) IS LIMITED TO AN AMOUNT EQUAL TO THE PORTION OF THE CHARGES TO YOU FOR THE SERVICES RELATING TO THE PERIOD OF SERVICE DURING WHICH SUCH DAMAGES OCCUR.

K. Miscellaneous:

1. Your Privacy:

Please visit the Peppypets Privacy Policy located at www.Peppypets.com. By using the service, you agree to the terms of the Peppypets Privacy Policy.

The information we collect is stored and processed by us on servers in the United States and potentially other countries. By using the service you consent to any such transfer of your information outside your country and/or outside the country where you access or use the service.

2. Credit Cards:

You authorize us to investigate your credit history at any time and to share credit information about you with credit reporting agencies and other FPF companies, affiliates, agents or representatives. If you ask, we will tell you the name and address of any credit agency that gives us a credit report about you.

3. Special Discounts:

You may be eligible for a discount on your product purchase based on your affiliation with an organization that has an agreement with us, or if you qualify under any government employee discount program. To make sure that you meet the eligibility requirements for such a discount, we may require you to provide proof of your affiliation with your organization upon activation of the service or when you make changes to your account or (other than for a government employee discount program) we may share certain information relating to your service (including, without limitation, your name and the total charge) with your organization to verify your affiliation. We may adjust your discount in accordance with your organization's agreement with us and remove your discount after your minimum term expires or if you end or change your affiliation with the organization. You agree that any change or removal of your discount, based on your affiliation with the organization or your organization's agreement with us, shall not be considered to have a material adverse effect on you.

4. Intellectual Property Rights:

You may not, and you agree that you shall not, copy, decompile, disassemble, reverse engineer or manipulate any technology in, or otherwise modify or tamper with, any Products and equipment used to receive the service. Nothing under this Contract or the fact that you have access to and use of the service gives you any right, title or interest or license in or to any technology, software and content, or any intellectual property rights in any of the foregoing, available with the service. Nothing under this Contract or the fact that you have access to and use of the service gives you any right, title or interest or license to reproduce or otherwise use our or any third party trademarks, service marks, graphics, or logos. You may not, and you agree that you shall not, copy or otherwise tamper with any software and content available with the service. Except as required by law, you acquire no proprietary interest in any number assigned to Products for its use.

5. Survival:

Those sections of this Contract by their context are intended to survive (including, without limitation Sections I, J and K), shall so survive.

6. About This Contract:

A waiver of any part of this Contract in one instance is not a waiver of any part or any other instance. You cannot assign this Contract or any of your rights or duties under it. We may assign all or part of this Contract or your debts to us without notice, and you agree to make all subsequent payments as instructed. EXCEPT AS PROVIDED IN SECTION C(1), NOTICES ARE CONSIDERED DELIVERED WHEN WE SEND THEM BY EMAIL OR FAX TO ANY EMAIL OR FAX NUMBER YOU'VE PROVIDED TO US, OR 3 DAYS AFTER MAILING TO THE MOST CURRENT BILLING ADDRESS WE HAVE ON FILE FOR YOU. NOTICES ARE CONSIDERED DELIVERED TO US 3 DAYS AFTER MAILING TO THE CUSTOMER CARE ADDRESS BELOW OR ON YOUR MOST RECENT BILLING STATEMENT OR COPY OF YOUR ACCOUNT HISTORY.

7. Except as provided in Section J(4), if any part of this Contract is held invalid, that part may be severed from this Contract while the remainder of the Contract continues in effect. This Contract and the documents to which it refers form the entire agreement between us on their subjects. Please keep in mind that the Peppypets Privacy Policy and the End User License Agreement ("EULA") for your Product are additional contracts that you agree to and by which you also are bound. A copy of the Peppypets Privacy Policy may be found at www.Peppypets.com. A copy of the EULA may be found at the legal information on www.Peppypets.com. Please keep this Contract (including any Plan), a copy of the Peppypets Privacy Policy and the EULA for your records. You can obtain updated copies of this Contract by visiting our website at www.Peppypets.com or by emailing us at the email address located at info@Peppypets.com. You can't rely on any other documents or statements on those subjects by any sales or service representatives, and you have no other rights with respect to service or this Contract, except as specifically provided by law. This Contract is not for the benefit of any third party except our parents, affiliates, subsidiaries, agents, assigns and predecessors and successors in interest. Except to the extent we've agreed otherwise, in the provisions on late fees, collection costs and arbitration, or as required by Federal law, this Contract and all disputes between us (whether or not based on this Contract) are governed by the laws of the state of your residence, without regard to that state's conflict of laws principles, provided, that, if you reside outside of the United States, then the laws of the State of Texas, without reference to its conflicts of laws principles, shall be the governing law.

L. Contact Information:

If you have a question about your service, charges, or if you would like to change or reactivate your Plan, please contact us at info@peppypetscom.

END USER LICENSE AGREEMENT

This End User License Agreement ("EULA") is a legal agreement between you and FPF, Inc. ("FPF") for use of the software embedded on your Peppypets pet location product ("Product") as originally delivered by FPF ("Software"). BY USING THE SOFTWARE YOU ARE AGREEING TO BE BOUND BY ALL OF THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE; YOU MAY RETURN THE PRODUCT IN ACCORDANCE WITH OUR RETURN POLICY, IF APPLICABLE.

1. License Grant.

FPF hereby grants to you a non–exclusive, non–transferable limited copyright license to use the Software embedded on the Product. All rights not expressly granted are reserved by FPF. This license is with respect to copyright rights only and specifically excludes any and all patent rights. The terms of this EULA will govern any upgrades provided by FPF that replace and/or supplement the original Software, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. The license rights granted under this EULA are limited to the first thirty (30) days after you first use the Software unless you supply information necessary to activate your subscription to the Peppypets pet location service ("Service"). You may activate the Service through the Internet.

2. Restrictions.

You agree not to exceed the scope of the foregoing license, copy, create derivative works, reproduce, modify or distribute the Software. Subject to applicable law, you agree not to decompile, reverse engineer, disassemble or otherwise attempt to learn the source code, structure or algorithms underlying the Software. You agree not to (i) remove any copyright or other proprietary notice from the Software, (ii) sublicense or transfer the Software to a third party; (iii) extract or replace any part of the Software; or (iv) sell, rent, lease, lend, provide commercial hosting services or otherwise transfer the software for value. This EULA does not allow you to use the Software on a Product that you do not own or control, and you may not distribute or make the Software available over a network where it could be used by multiple devices at the same time.

3. No Other Rights.

Any rights not expressly granted by you are reserved by FPF and its affiliates. Neither this Agreement, nor any act by FPF pursuant to or in connection with this Agreement (including, without limitation, the delivery or conveyance of any hardware or software product) shall be construed to provide, either expressly, by implication, by way of estoppel, or otherwise, any license or any rights under any patents, copyrights or any other intellectual property rights of FPF or its affiliates, except as expressly provided in Paragraph 1 of this Agreement.

4. Ownership.

The Software is licensed and not sold. You agree that FPF and its licensors retain all right, title and interest in and to the Software and all copies of the Software, including all copyrights therein. The Software is protected by copyright and other intellectual property laws and treaties. Please see "Additional Notices" available at www.Peppypets.com for ownership and licensing information about additional software components included with the Product, if any.

5. Upgrades.

To use Software identified as an upgrade, you must first be licensed for the software identified by FPF as eligible for the upgrade. After upgrading, you may no longer use the Software that formed the basis for your upgrade eligibility. You acknowledge and agree that FPF may automatically check the version of the Software and/or its components that you are utilizing and may provide upgrades or fixes to the Software.

6. Technical Information.

You agree that FPF and its affiliates may collect and use technical information related to the Product, the Service and your usage thereof. Our use of such information is further described in our Peppypets Privacy Policy located at www.Peppypets.com.

7. Termination.

This Agreement shall terminate immediately, without notice, if you fail to comply with any material term of this Agreement. In addition, FPF may terminate this Agreement at any time upon notice to you and by posting notice on our website located at www.Peppypets.com. Upon termination you agree to immediately erase the Software from your Product and personal computer. Sections 2, 3, 4 and 7–13 shall survive the expiration or termination of this EULA.

8. Disclaimer of Warranty.

THE SOFTWARE IS LICENSED TO YOU "AS IS." FPF, IT'S SERVICE PROVIDERS, MANUFACTURERS, LICENSORS AND THEIR RESPECTIVE AFFILIATES DISCLAIM ANY AND ALL WARRANTIES REGARDING THE SOFTWARE, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON–INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FPF, IT'S SERVICE PROVIDERS, MANUFACTURERS, LICENSORS AND THEIR RESPECTIVE AFFILIATES DO NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY OR MAY BE LIMITED IN THOSE JURISDICTIONS.

9. WAIVER OF CONSEQUENTIAL DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FPF OR IT'S SERVICE PROVIDERS, MANUFACTURERS, LICENSORS AND THEIR RESPECTIVE AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA (INCLUDING BUT NOT LIMITED TO LOST DATA, LOST PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER), EVEN IF FPF OR ITS SERVICE PROVIDERS, MANUFACTURERS, LICENSORS AND THEIR RESPECTIVE AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. LIMITATION OF LIABILITY.

NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY (IN THE AGGREGATE) OF FPF, ITS SERVICE PROVIDERS, MANUFACTURERS, LICENSORS AND THEIR RESPECTIVE AFFILIATES UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY HEREUNDER (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY FPF WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHALL BE LIMITED TO US $30.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 8, 9 AND 10) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

11. Export.

The Software is subject to the export control laws and Regulations of the United States and other jurisdictions. You agree to comply with all such laws and regulations.

12. U.S. Government End Users.

This section only applies to the U.S. Government or if you are or are acting on behalf of an agency or instrumentality of the U.S. Government. The Software is "commercial computer software" developed exclusively at private expense. Pursuant to FAR 12.212 or DFARS 227 7202 and their successors, as applicable, use, reproduction and disclosure of the Software is governed by the terms of this Agreement.

13. Miscellaneous.

This EULA is governed by the laws of the State of Texas, USA, without regard to Texas's conflict of law principles. The United Nations Convention on Contracts for the Sale of International Goods does not apply to this EULA. If any provision hereof is held illegal, invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid and enforceable, and the legality, validity and enforceability of all other provisions of this EULA shall not be affected thereby. Certain additional notices are incorporated into this License Agreement which FPF, Inc. is required to provide with certain software components. Those notices are found at http://www.pettracker.com and are incorporated herein by this reference. Your use of software components together with the FPF, Inc. software (FPF, Inc. software hereinafter referred to as “Software”) is subject to the terms of your separate license from FPF, Inc. Compliance with all copyright laws and software licenses included in this file are the responsibility of the user. Please keep in mind that the Peppypets Privacy Policy and the Peppypets Customer Contract for your Product are additional contracts that you agree to and by which you also are bound. A copy of the Peppypets Privacy Policy may be found at www.Peppypets.com. A copy of the Peppypets Customer Contract may be found at www.Peppypets.com. Please keep this EULA, a copy of the Peppypets Privacy Policy and the Peppypets Customer Contract for your records. This EULA constitutes the entire agreement between you and FPF regarding its subject matter and supersedes any prior or contemporaneous agreement, whether written or oral, relating to the subject matter of this EULA. If any provision of this EULA is held to be void, invalid, unenforceable or illegal the provisions of this EULA shall continue in full force and effect. This EULA may be updated from time to time.

PEPPYPETS PRODUCT WARRANTY

STANDARD LIMITED WARRANTY INFORMATION

FPF, Inc. ("FPF") ONE (1) YEAR Limited Product Warranty (the "Limited Product Warranty")

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION MAY LAST, SO THE LIMITATIONS OR EXCLUSIONS DESCRIBED BELOW MAY NOT APPLY TO YOU TO THE EXTENT THEY ARE INCONSISTENT WITH YOUR STATE'S APPLICABLE LAW. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS UNDER STATE LAW.

FPF' warranty obligations for this hardware product are limited to the terms set forth below: FPF warrants that this hardware product, if not modified and when used properly and in accordance with the product documentation, will be free from a reproducible defect that eliminates the functionality or successful operation of a feature critical to the primary functionality or successful operation of the product for a period of ONE (1) YEAR from the earlier of: the date of (i) retail purchase by the original end-user purchaser (as evidenced by proof of purchase), or (ii) first use of the product ("Warranty Period"). Whether a defect occurs will be determined solely with reference to the published product documentation. If a hardware defect arises and a valid claim is received by FPF within the Warranty Period, FPF will, at its sole and exclusive option and to the extent permitted by law, either (1) repair the product at no charge, using new parts or reconditioned parts equivalent to new in performance and reliability, (2) exchange the product with a product that is new or equivalent to new in performance and reliability and is at least functionally equivalent to the original product, or (3) refund the purchase price of the product (but not the purchase price of the FPF service(s) included with the product), provided that you return the product to FPF as provided below. FPF may request that you replace defective parts with new or refurbished user-installable parts that FPF provides in fulfillment of its warranty obligation. A replacement product or part, including a user-installable part that has been installed in accordance with instructions provided by FPF, assumes the remaining warranty of the original product or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you. When a product or part is exchanged, any replacement item becomes your property and the replaced item becomes FPF' property. Parts provided by FPF in fulfillment of its warranty obligation must be used in products for which warranty service is claimed. When a refund is given, FPF may require that the product for which the refund is provided returned to FPF, at which time it shall become FPF' property.

EXCLUSION AND LIMITATIONS

This Limited Warranty applies only to the hardware product manufactured by or for FPF that can be identified by the "Peppypets" trademark, trade name, or logo annexed to it, provided however, the Limited Warranty does not include accessories even if identified by the "Peppypets" trademark, trade name or logo. Further the Limited Warranty does not apply to any non-FPF hardware product or any software, even if packaged or sold with the FPF hardware. Manufacturers, suppliers, or third parties other than FPF may provide their own warranties, but FPF, to the extent permitted by law, provides its products "AS IS". Software distributed by FPF with or without the Peppypets brand name (including, but not limited to system software) is not covered under this Limited Warranty. Refer to the End User License Agreement (EULA) at www.Peppypets.com or other licensing agreement accompanying the software for details of your rights and obligations with respect to the use of such software. FPF does not warrant that the operation of the product will be uninterrupted or error-free. FPF is not responsible for damage arising from any failure to follow instructions relating to the product's use. Transfer or resale of the hardware product will automatically terminate warranty coverage with respect to such product. This Limited Warranty is not transferable to any third party, including but not limited to any subsequent purchaser, owner or user of the product.

This Limited Warranty does not apply: (a) if damage or defects are caused by customer abuse, accident, neglect, improper handling, utilization or installation, or by failing to operate the product in compliance with the user manual, quick start guide or other user guides; (b) to consumable parts, such as batteries, unless damage has occurred due to a defect in materials and workmanship; (c) if damage or defects are caused by the battery being tampered with to cause a short-circuit, or if the seals of the battery enclosure or the cells are broken or show evidence of tampering; (d) if damage or defects are caused by a defective function of the wireless network or if the product software needs to be upgraded due to changes in wireless network parameters; (e) to cosmetic damage, including but not limited to scratches, dents, broken plastic on parts or any physical damage to the surface of the product; (f) if damage or defects are caused by rough handling or other physical moisture damage or extreme thermal or environmental conditions or a rapid change in such conditions, corrosion, oxidation, unauthorized modifications or connections, unauthorized opening or repair, repair by use of unauthorized spare parts, accidents, forces of nature, or other actions beyond the reasonable control of FPF; (g) in the case of the docking station and other components other than the tracking device, if damage or defects are caused by exposure to moisture or dampness; (h) if damage or defects are caused by the product being used with or connected to an accessory not approved or certified by FPF; (i) if damage or defects are caused by accident, abuse, misuse, flood, fire, earthquake or other external causes; (j) if damage or defects are caused by operating the product outside of the permitted or intended uses described by FPF; (k) if damage or defects are caused by service (including upgrades and expansions) performed by anyone who is not a representative of FPF or a FPF authorized retailer or service provider; (l) if a product or part has been modified to alter functionality or capability without the written permission of FPF; (m) if any serial number has been removed or defaced, (n) to a recalled product, part or component, if a replacement product, part or component was made available by FPF, (o) to freight costs to ship product to the repair depot; or (p) to commercial use of the product.

Important: Do not open the hardware product itself. Opening the hardware product may cause damage that is not covered by this Limited Warranty. Only FPF or a FPF authorized service provider should perform service on this hardware product.

DISCLAIMER OF ALL OTHER WARRANTIES

TO THE EXTENT PERMITTED BY LAW, THESE LIMITED WARRANTIES AND THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED, FOR ANY PRODUCT, SOFTWARE OR SERVICE. AS PERMITTED BY APPLICABLE LAW, FPF, IT'S MANUFACTURERS, SERVICE PROVIDERS, LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES, SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. IF FPF, IT'S MANUFACTURERS, SERVICE PROVIDERS, LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES, CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THE EXPRESS WARRANTY AND TO REPAIR, REPLACEMENT, OR REFUND AS DETERMINED BY FPF IN ITS SOLE DISCRETION. No FPF reseller, agent, partner, affiliate or employee is authorized to make any modification, extension, or addition to these Limited Warranties. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.

LIMITATION OF LIABILITY

FPF, IT'S MANUFACTURERS, SERVICE PROVIDERS, LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES, ARE NOT RESPONSIBLE FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION), THE SALE OR USE OF THE PRODUCTS, EQUIPMENT OR SOFTWARE, OR THE PERFORMANCE OF SERVICES BY FPF PURSUANT TO THIS AGREEMENT, THE BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO INCONVENIENCE, LOSS OF USE, LOSS OF TIME, LOSS OF REVENUE, LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS), LOSS OF THE USE OF MONEY, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF GOODWILL, LOSS OF REPUTATION, LOSS OF, DAMAGE TO OR CORRUPTION OF DATA, OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWEVER CAUSED, INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING OR REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH THE PRODUCT, AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT. FPF' CUMULATIVE LIABILITY, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT, INDEMNIFICATION, CONTRIBUTION, OR OTHERWISE, SHALL BE LIMITED TO THE DIRECT DAMAGES RECOVERABLE UNDER LAW, BUT NOT TO EXCEED THE PURCHASE PRICE FOR THE HARDWARE PRODUCT. YOU HEREBY RELEASE FPF, IT'S MANUFACTURERS, SERVICE PROVIDERS, LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES, FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. FPF IS ALSO NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING FROM OR RELATED TO YOUR BREACH OF THIS AGREEMENT. THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. FPF, IT'S MANUFACTURERS, SERVICE PROVIDERS, LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES, DISCLAIM ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY PRODUCT UNDER THIS LIMITED WARRANTY OR MAKE A PRODUCT EXCHANGE WITHOUT RISK TO OR LOSS OF PROGRAMS OR DATA. ALL CLAIMS BY YOU, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, MUST BE BROUGHT WITHIN TWO YEARS FROM THE DATE THE CAUSE OF ACTION ACCRUES. THIS LIMITATION OF LIABILITY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

Some states do not allow the exclusion or limitation of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply in those states. However, the parties intend for this limitations of liability provision to apply to the maximum extent allowed under applicable law. This limitation of liability provision survives the expiration or termination of the Agreement and applies notwithstanding any contrary provision in this Limited Warranty.

OBTAINING WARRANTY SERVICE

Please access and review the online help resources referred to in the documentation accompanying this hardware product before seeking warranty service. If the product is still not functioning properly after making use of these resources, access the online website www.Peppypets.com for instructions on how to obtain warranty service. You must follow FPF' warranty process. FPF may provide warranty service (i) at a FPF authorized retailer or service provider location, where service is performed at the location, or the FPF authorized retailer or service provider may send the product to a FPF repair service location for service, (ii) by sending you prepaid way bills (and if you no longer have the original packaging, FPF may send you packaging material) to enable you to ship the product to FPF' repair service location for service, or (iii) by sending you new or refurbished customer-installable replacement product or parts to enable you to service or exchange your own product ("DIY Service"). Upon receipt of the replacement product or part, the original product or part becomes the property of FPF and you agree to follow instructions, including, if required, arranging the return of original product or part to FPF in a timely manner. When providing DIY Service requiring the return of the original product or part, FPF may require a credit card authorization as security for the retail price of the replacement product or part and applicable shipping costs. If you follow instructions, FPF will cancel the credit card authorization, so you will not be charged for the product or part and shipping costs. If you fail to return the replacement product or part as instructed, FPF will charge the credit card for the authorized amount. Service options are subject to change at any time. In accordance with applicable law, FPF will require that you furnish proof of purchase details and/or comply with registration requirements before receiving warranty service. Please refer to the accompanying documentation for more details on this and other matters on obtaining warranty service.

FPF' policy regarding maintenance and use of customer information is set forth in the Peppypets Privacy Policy accessible at www.Peppypets.com/privacy-policy/.

If your product is capable of storing software programs, data and other information, you should make periodic backup copies of the information contained on the product's hard drive or other storage media to protect the contents and as a precaution against possible operational failures. Before you deliver your product for warranty service it is your responsibility to keep a separate backup copy of the contents, and disable any security passwords. IT IS POSSIBLE THAT THE CONTENTS OF YOUR DRIVE WILL BE LOST OR REFORMATTED IN THE COURSE OF WARRANTY SERVICE, AND FPF AND ITS PARTNERS, AGENTS, REPRESENTATIVES AND AFFILIATES ARE NOT RESPONSIBLE FOR ANY DAMAGE TO OR LOSS OF PROGRAMS, DATA OR OTHER INFORMATION CONTAINED ON THE MEDIA OR ANY PART OF THE PRODUCT SERVICED. Your product will be returned to you configured as originally purchased, subject to applicable updates. You will be responsible for reinstalling all other software programs, data and passwords. Recovery and reinstallation of software programs and user data are not covered under this Limited Warranty.

IMPORTANT SAFETY INFORMATION

WARNING! Read all the instruction before using your Peppypets activity tracking device.

1. Important Health Information and Safety Precautions

When using this product, the safety precautions below must be taken to avoid possible legal liabilities and damages. Retain and follow all product safety and operating instructions. Observe all warnings in the operating instructions on the product. To reduce the risk of bodily injury, electric shock, fire and damage to the equipment, observe the following precautions.

CAUTION! The Peppypets products are only intended for tracking pets. Do not use for tracking children or other humans. Using the Peppypets products in a manner other than specified in the user manual may cause injury.

To reduce the risk of injury, close supervision is necessary when the product is used near children.

SAVE THESE INSTRUCTIONS.

ADDITIONAL NOTICES

This Notice.txt file contains certain notices FPF, Inc. is required to provide with certain software components. Notwithstanding anything in the notices in this file, your use of such software components together with the FPF, Inc. software (FPF, Inc. software hereinafter referred to as “Software”) is subject to the terms of your separate license from FPF, Inc. Compliance with all copyright laws and software licenses included in this file are the responsibility of the user. Except as may be granted by separate express written agreement, this file provides no license to any patents, trademarks, copyrights, or other intellectual property of FPF, Inc. or its affiliates.

Software provided with this notice is NOT A CONTRIBUTION to any open source project. If alternative licensing is available for any of the components with licenses or attributions provided below, a license choice is made for receiving such code by FPF, Inc. in the notices below.

THIS SOFTWARE IS PROVIDED BY THE AUTHOR AND CONTRIBUTOR(S) ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTOR(S) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

LEGAL ISSUES

The authors make NO WARRANTY or representation, either express or implied, with respect to this software, its quality, accuracy, merchantability, or fitness for a particular purpose. This software is provided "AS IS", and you, its user, assume the entire risk as to its quality and accuracy.

NO LIABILITY for damages of any kind.

TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION

1. Definitions.

"License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.

"Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.

"Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.

"You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License.

"Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.

"Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.

"Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).

"Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.

"Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution."

"Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.

2. Grant of Copyright License.

Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.

3. Grant of Patent License.

Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.

4. Redistribution.

You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:

(a) You must give any other recipients of the Work or Derivative Works a copy of this License; and

(b) You must cause any modified files to carry prominent notices stating that You changed the files; and

(c) You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and

(d) If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License.

You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.

5. Submission of Contributions.

Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.

6. Trademarks.

This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.

7. Disclaimer of Warranty.

Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.

8. Limitation of Liability.

In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.

9. Accepting Warranty or Additional Liability.

While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.

1. General; Definitions.

This License applies to any program or other work which Apple Inc. ("Apple") makes publicly available and which contains a notice placed by Apple identifying such program or work as "Original Code" and stating that it is subject to the terms of this Apple Public Source License version 2.0 ("License"). As used in this License:

1.1 "Applicable Patent Rights" mean: (a) in the case where Apple is the grantor of rights, (i) claims of patents that are now or hereafter acquired, owned by or assigned to Apple and (ii) that cover subject matter contained in the Original Code, but only to the extent necessary to use, reproduce and/or distribute the Original Code without infringement; and (b) in the case where You are the grantor of rights, (i) claims of patents that are now or hereafter acquired, owned by or assigned to You and (ii) that cover subject matter in Your Modifications, taken alone or in combination with Original Code.

1.2 "Contributor" means any person or entity that creates or contributes to the creation of Modifications.

1.3 "Covered Code" means the Original Code, Modifications, the combination of Original Code and any Modifications, and/or any respective portions thereof.

1.4 "Externally Deploy" means: (a) to sublicense, distribute or otherwise make Covered Code available, directly or indirectly, to anyone other than You; and/or (b) to use Covered Code, alone or as part of a Larger Work, in any way to provide a service, including but not limited to delivery of content, through electronic communication with a client other than You.

1.5 "Larger Work" means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.

1.6 "Modifications" mean any addition to, deletion from, and/or change to, the substance and/or structure of the Original Code, any previous Modifications, the combination of Original Code and any previous Modifications, and/or any respective portions thereof. When code is released as a series of files, a Modification is: (a) any addition to or deletion from the contents of a file containing Covered Code; and/or (b) any new file or other representation of computer program statements that contains any part of Covered Code.

1.7 "Original Code" means (a) the Source Code of a program or other work as originally made available by Apple under this License, including the Source Code of any updates or upgrades to such programs or works made available by Apple under this License, and that has been expressly identified by Apple as such in the header file(s) of such work; and (b) the object code compiled from such Source Code and originally made available by Apple under this License

1.8 "Source Code" means the human readable form of a program or other work that is suitable for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an executable (object code).

1.9 "You" or "Your" means an individual or a legal entity exercising rights under this License. For legal entities, "You" or "Your" includes any entity which controls, is controlled by, or is under common control with, You, where "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.

2. Permitted Uses; Conditions & Restrictions.

Subject to the terms and conditions of this License, Apple hereby grants You, effective on the date You accept this License and download the Original Code, a world-wide, royalty-free, non-exclusive license, to the extent of Apple's Applicable Patent Rights and copyrights covering the Original Code, to do the following:

2.1 Unmodified Code. You may use, reproduce, display, perform, internally distribute within Your organization, and Externally Deploy verbatim, unmodified copies of the Original Code, for commercial or non-commercial purposes, provided that in each instance:

(a) You must retain and reproduce in all copies of Original Code the copyright and other proprietary notices and disclaimers of Apple as they appear in the Original Code, and keep intact all notices in the Original Code that refer to this License; and

(b) You must include a copy of this License with every copy of Source Code of Covered Code and documentation You distribute or Externally Deploy, and You may not offer or impose any terms on such Source Code that alter or restrict this License or the recipients' rights hereunder, except as permitted under Section 6.

2.2 Modified Code. You may modify Covered Code and use, reproduce, display, perform, internally distribute within Your organization, and Externally Deploy Your Modifications and Covered Code, for commercial or non-commercial purposes, provided that in each instance You also meet all of these conditions:

(a) You must satisfy all the conditions of Section 2.1 with respect to the Source Code of the Covered Code;

(b) You must duplicate, to the extent it does not already exist, the notice in Exhibit A in each file of the Source Code of all Your Modifications, and cause the modified files to carry prominent notices stating that You changed the files and the date of any change; and

(c) If You Externally Deploy Your Modifications, You must make Source Code of all Your Externally Deployed Modifications either available to those to whom You have Externally Deployed Your Modifications, or publicly available. Source Code of Your Externally Deployed Modifications must be released under the terms set forth in this License, including the license grants set forth in Section 3 below, for as long as you Externally Deploy the Covered Code or twelve (12) months from the date of initial External Deployment, whichever is longer. You should preferably distribute the Source Code of Your Externally Deployed Modifications electronically (e.g. download from a web site).

2.3 Distribution of Executable Versions.

In addition, if You Externally Deploy Covered Code (Original Code and/or Modifications) in object code, executable form only, You must include a prominent notice, in the code itself as well as in related documentation, stating that Source Code of the Covered Code is available under the terms of this License with information on how and where to obtain such Source Code.

2.4 Third Party Rights. You expressly acknowledge and agree that although Apple and each Contributor grants the licenses to their respective portions of the Covered Code set forth herein, no assurances are provided by Apple or any Contributor that the Covered Code does not infringe the patent or other intellectual property rights of any other entity. Apple and each Contributor disclaim any liability to You for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, You hereby assume sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow You to distribute the Covered Code, it is Your responsibility to acquire that license before distributing the Covered Code.

3. Your Grants.

In consideration of, and as a condition to, the licenses granted to You under this License, You hereby grant to any person or entity receiving or distributing Covered Code under this License a non-exclusive, royalty-free, perpetual, irrevocable license, under Your Applicable Patent Rights and other intellectual property rights (other than patent) owned or controlled by You, to use, reproduce, display, perform, modify, sublicense, distribute and Externally Deploy Your Modifications of the same scope and extent as Apple's licenses under Sections 2.1 and 2.2 above.

4. Larger Works.

You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In each such instance, You must make sure the requirements of this License are fulfilled for the Covered Code or any portion thereof.

5. Limitations on Patent License.

Except as expressly stated in Section 2, no other patent rights, express or implied, are granted by Apple herein. Modifications and/or Larger Works may require additional patent licenses from Apple which Apple may grant in its sole discretion.

6. Additional Terms.

You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations and/or other rights consistent with the scope of the license granted herein ("Additional Terms") to one or more recipients of Covered Code. However, You may do so only on Your own behalf and as Your sole responsibility, and not on behalf of Apple or any Contributor. You must obtain the recipient's agreement that any such Additional Terms are offered by You alone, and You hereby agree to indemnify, defend and hold Apple and every Contributor harmless for any liability incurred by or claims asserted against Apple or such Contributor by reason of any such Additional Terms.

7. Versions of the License.

Apple may publish revised and/or new versions of this License from time to time. Each version will be given a distinguishing version number. Once Original Code has been published under a particular version of this License, You may continue to use it under the terms of that version. You may also choose to use such Original Code under the terms of any subsequent version of this License published by Apple. No one other than Apple has the right to modify the terms applicable to Covered Code created under this License.

8. NO WARRANTY OR SUPPORT.

The Covered Code may contain in whole or in part pre-release, untested, or not fully tested works. The Covered Code may contain errors that could cause failures or loss of data, and may be incomplete or contain inaccuracies. You expressly acknowledge and agree that use of the Covered Code, or any portion thereof, is at Your sole and entire risk. THE COVERED CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND AND APPLE AND APPLE'S LICENSOR(S) (COLLECTIVELY REFERRED TO AS "APPLE" FOR THE PURPOSES OF SECTIONS 8 AND 9) AND ALL CONTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, 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 NONINFRINGEMENT OF THIRD PARTY RIGHTS. APPLE AND EACH CONTRIBUTOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE COVERED CODE, THAT THE FUNCTIONS CONTAINED IN THE COVERED CODE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE COVERED CODE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE COVERED CODE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE, AN APPLE AUTHORIZED REPRESENTATIVE OR ANY CONTRIBUTOR SHALL CREATE A WARRANTY. You acknowledge that the Covered Code is not intended for use in the operation of nuclear facilities, aircraft navigation, communication systems, or air traffic control machines in which case the failure of the Covered Code could lead to death, personal injury, or severe physical or environmental damage.

9. LIMITATION OF LIABILITY.

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLE OR ANY CONTRIBUTOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR USE OR INABILITY TO USE THE COVERED CODE, OR ANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF APPLE OR SUCH CONTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Apple's total liability to You for all damages (other than as may be required by applicable law) under this License exceed the amount of fifty dollars ($50.00).

10. Trademarks.

This License does not grant any rights to use the trademarks or trade names "Apple", "Mac", "Mac OS", "QuickTime", "QuickTime Streaming Server" or any other trademarks, service marks, logos or trade names belonging to Apple (collectively "Apple Marks") or to any trademark, service mark, logo or trade name belonging to any Contributor. You agree not to use any Apple Marks in or as part of the name of products derived from the Original Code or to endorse or promote products derived from the Original Code other than as expressly permitted by and in strict compliance at all times with Apple's third party trademark usage guidelines which are posted at http://www.apple.com/legal/guidelinesfor3rdparties.html.

11. Ownership.

Subject to the licenses granted under this License, each Contributor retains all rights, title and interest in and to any Modifications made by such Contributor. Apple retains all rights, title and interest in and to the Original Code and any Modifications made by or on behalf of Apple ("Apple Modifications"), and such Apple Modifications will not be automatically subject to this License. Apple may, at its sole discretion, choose to license such Apple Modifications under this License, or on different terms from those contained in this License or may choose not to license them at all.

12. Termination.

12.1 Termination. This License and the rights granted hereunder will terminate:

(a) automatically without notice from Apple if You fail to comply with any term(s) of this License and fail to cure such breach within 30 days of becoming aware of such breach;

(b) immediately in the event of the circumstances described in Section 13.5(b); or

(c) automatically without notice from Apple if You, at any time during the term of this License, commence an action for patent infringement against Apple; provided that Apple did not first commence an action for patent infringement against You in that instance.

12.2 Effect of Termination. Upon termination, You agree to immediately stop any further use, reproduction, modification, sublicensing and distribution of the Covered Code. All sublicenses to the Covered Code which have been properly granted prior to termination shall survive any termination of this License. Provisions which, by their nature, should remain in effect beyond the termination of this License shall survive, including but not limited to Sections 3, 5, 8, 9, 10, 11, 12.2 and 13. No party will be liable to any other for compensation, indemnity or damages of any sort solely as a result of terminating this License in accordance with its terms, and termination of this License will be without prejudice to any other right or remedy of any party.

13. Miscellaneous.

13.1 Government End Users. The Covered Code is a "commercial item" as defined in FAR 2.101. Government software and technical data rights in the Covered Code include only those rights customarily provided to the public as defined in this License. This customary commercial license in technical data and software is provided in accordance with FAR 12.211 (Technical Data) and 12.212 (Computer Software) and, for Department of Defense purchases, DFAR 252.227-7015 (Technical Data -- Commercial Items) and 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). Accordingly, all U.S. Government End Users acquire Covered Code with only those rights set forth herein.

13.2 Relationship of Parties. This License will not be construed as creating an agency, partnership, joint venture or any other form of legal association between or among You, Apple or any Contributor, and You will not represent to the contrary, whether expressly, by implication, appearance or otherwise.

13.3 Independent Development. Nothing in this License will impair Apple's right to acquire, license, develop, have others develop for it, market and/or distribute technology or products that perform the same or similar functions as, or otherwise compete with, Modifications, Larger Works, technology or products that You may develop, produce, market or distribute.

13.4 Waiver; Construction. Failure by Apple or any Contributor to enforce any provision of this License will not be deemed a waiver of future enforcement of that or any other provision. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to this License.

13.5 Severability. (a) If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License will be enforced to the maximum extent permissible so as to effect the economic benefits and intent of the parties, and the remainder of this License will continue in full force and effect. (b) Notwithstanding the foregoing, if applicable law prohibits or restricts You from fully and/or specifically complying with Sections 2 and/or 3 or prevents the enforceability of either of those Sections, this License will immediately terminate and You must immediately discontinue any use of the Covered Code and destroy all copies of it that are in your possession or control.

13.6 Dispute Resolution. Any litigation or other dispute resolution between You and Apple relating to this License shall take place in the Northern District of Texas, and You and Apple hereby consent to the personal jurisdiction of, and venue in, the state and federal courts within that District with respect to this License. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

13.7 Entire Agreement; Governing Law. This License constitutes the entire agreement between the parties with respect to the subject matter hereof. This License shall be governed by the laws of the United States and the State of Texas, except that body of Texas law concerning conflicts of law.

Where You are located in the province of Quebec, Canada, the following clause applies: The parties hereby confirm that they have requested that this License and all related documents be drafted in English. Les parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais.

APPLE PUBLIC SOURCE LICENSE

Version 1.1 - April 19, 1999

Please read this License carefully before downloading this software. By downloading and using this software, you are agreeing to be bound by the terms of this License. If you do not or cannot agree to the terms of this License, please do not download or use the software.

1. General; Definitions.

This License applies to any program or other work which Apple Computer, Inc. ("Apple") publicly announces as subject to this Apple Public Source License and which contains a notice placed by Apple identifying such program or work as "Original

Code" and stating that it is subject to the terms of this Apple Public Source License version 1.1 (or subsequent version thereof), as it may be revised from time to time by Apple ("License"). As used in this License:

1.1 "Affected Original Code" means only those specific portions of Original Code that allegedly infringe upon any party’s intellectual property rights or are otherwise the subject of a claim of

infringement.

1.2 "Applicable Patent Rights" mean: (a) in the case where Apple is the grantor of rights, (i) claims of patents that are now or hereafter acquired, owned by or assigned to Apple and (ii) that

cover subject matter contained in the Original Code, but only to the extent necessary to use, reproduce and/or distribute the Original Code without infringement; and (b) in the case where You

are the grantor of rights, (i) claims of patents that are now or hereafter acquired, owned by or assigned to You and (ii) that cover subject matter in Your Modifications, taken alone or in combination with Original Code.

1.3 "Covered Code" means the Original Code, Modifications, the combination of Original Code and any Modifications, and/or any respective portions thereof.

1.4 "Deploy" means to use, sublicense or distribute Covered Code other than for Your internal research and development (R&D), and includes without limitation, any and all internal use or

distribution of Covered Code within Your business or organization except for R&D use, as well as direct or indirect sublicensing or distribution of Covered Code by You to any third party in any form or manner.

1.5 "Larger Work" means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.

1.6 "Modifications" mean any addition to, deletion from, and/or change to, the substance and/or structure of Covered Code. When code is released as a series of files, a Modification is: (a) any addition to or deletion from the contents of a file containing Covered Code; and/or (b) any new file or other representation of computer program statements that contains any part of Covered Code.

1.9 "You" or "Your" means an individual or a legal entity exercising rights under this License. For legal entities, "You" or "Your" includes any entity which controls, is controlled by, or is under

common control with, You, where "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.

2. Permitted Uses; Conditions & Restrictions.

Subject to the terms and conditions of this License, Apple hereby grants You, effective on the date You accept this License and download the Original Code, a world-wide, royalty-free, non-exclusive license, to the extent of Apple’s Applicable Patent Rights and copyrights covering the Original Code, to do the following:

2.1 You may use, copy, modify and distribute Original Code, with or without Modifications, solely for Your internal research and development, provided that You must in each instance:

(a) retain and reproduce in all copies of Original Code the copyright and other proprietary notices and disclaimers of Apple as they appear in the Original Code, and keep intact all notices in the

Original Code that refer to this License;

(b) include a copy of this License with every copy of Source Code of Covered Code and documentation You distribute, and You may not offer or impose any terms on such Source Code that alter or restrict this License or the recipients' rights hereunder, except as permitted under Section 6; and

(c) completely and accurately document all Modifications that you have made and the date of each such Modification, designate the version of the Original Code you used, prominently include a file carrying such information with the Modifications, and duplicate the notice in Exhibit A in each file of the Source Code of all such Modifications.

2.2 You may Deploy Covered Code, provided that You must in each instance:

(a) satisfy all the conditions of Section 2.1 with respect to the Source Code of the Covered Code;

(b) make all Your Deployed Modifications publicly available in Source Code form via electronic distribution (e.g. download from a web site) under the terms of this License and subject to the license grants set forth in Section 3 below, and any additional terms You may choose to offer under Section 6. You must continue to make the Source Code of Your Deployed Modifications available for as long as you Deploy the Covered Code or twelve (12) months from the date of

initial Deployment, whichever is longer;

(c) if You Deploy Covered Code containing Modifications made by You, inform others of how to obtain those Modifications by filling out and submitting the information found at http://www.apple.com/publicsource/modifications.html, if available;

and

(d) if You Deploy Covered Code in object code, executable form only, include a prominent notice, in the code itself as well as in related documentation, stating that Source Code of the Covered Code is available under the terms of this License with information on how and where to obtain such Source Code.

3. Your Grants.

In consideration of, and as a condition to, the licenses granted to You under this License:

(a) You hereby grant to Apple and all third parties a non-exclusive, royalty-free license, under Your Applicable Patent Rights and other intellectual property rights owned or controlled by You, to use, reproduce, modify, distribute and Deploy Your Modifications of the same scope and extent as Apple’s licenses under Sections 2.1 and 2.2; and

(b) You hereby grant to Apple and its subsidiaries a non-exclusive, worldwide, royalty-free, perpetual and irrevocable license, under Your Applicable Patent Rights and other intellectual property rights owned or controlled by You, to use, reproduce, execute, compile, display, perform, modify or have modified (for Apple and/or its subsidiaries), sublicense and distribute Your Modifications, in any form, through multiple tiers of distribution.

4. Larger Works.

5. Limitations on Patent License.

Except as expressly stated in Section 2, no other patent rights, express or implied, are granted by Apple herein. Modifications and/or Larger Works may require

additional patent licenses from Apple which Apple may grant in its sole discretion.

6. Additional Terms.

You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations and/or other rights consistent with the scope of the license granted herein ("Additional Terms") to one or more recipients of Covered Code. However, You may do so only on Your own behalf and as Your sole responsibility, and not on behalf of Apple. You must obtain the recipient’s agreement that any such Additional Terms are offered by You alone, and You hereby agree to indemnify, defend and hold Apple harmless for any liability incurred by or claims asserted against Apple by reason of any such Additional Terms.

7. Versions of the License.

8. NO WARRANTY OR SUPPORT.

The Original Code may contain in whole or in part pre-release, untested, or not fully tested works. The Original Code may contain errors that could cause failures or loss of data, and may be incomplete or contain inaccuracies. You expressly acknowledge and agree that use of the Original Code, or any portion thereof, is at Your sole and entire risk. The Original Code is provided "AS IS" and without warranty, upgrades or support

of any kind and Apple and Apple's licensor(s) (for the purposes of Sections 8 and 9, Apple and Apple's licensor(s) are collectively referred to as "Apple") EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND

NONINFRINGEMENT OF THIRD PARTY RIGHTS. APPLE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE ORIGINAL CODE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE ORIGINAL CODE WILL BE

UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE ORIGINAL CODE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A

WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. You acknowledge that the Original Code is not intended for use in the operation of nuclear facilities, aircraft navigation, communication systems, or air traffic control machines in which case the failure of the Original Code could lead to death, personal injury, or severe physical or environmental damage.

9. Liability.

9.1 Infringement. If any portion of, or functionality implemented by, the Original Code becomes the subject of a claim of infringement, Apple may, at its option: (a) attempt to procure the rights necessary for Apple and You to continue using the Affected Original Code; (b) modify the Affected Original Code so that it is no longer infringing; or (c) suspend Your rights to use, reproduce, modify, sublicense and distribute the Affected Original Code until a final determination of the claim is made by a court or governmental administrative agency of competent jurisdiction and Apple lifts the suspension as set forth below. Such suspension of rights will be effective immediately upon Apple's posting of a notice to such effect on the Apple web site that is used for

implementation of this License. Upon such final determination being made, if Apple is legally able, without the payment of a fee or royalty, to resume use, reproduction, modification, sublicensing

and distribution of the Affected Original Code, Apple will lift the suspension of rights to the Affected Original Code by posting a notice to such effect on the Apple web site that is used for

implementation of this License. If Apple suspends Your rights to Affected Original Code, nothing in this License shall be construed to restrict You, at Your option and subject to applicable law, from replacing the Affected Original Code with non-infringing code or independently negotiating for necessary rights from such third party.

9.2 LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL APPLE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR USE OR INABILITY TO USE THE ORIGINAL CODE, OR ANY PORTION THEREOF, whether under a theory of contract, warranty, tort (including negligence), products liability or otherwise, even if APPLE has been advised of

the possibility of such damages AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. In no event shall Apple's total liability to You for all damages under this License exceed the amount of fifty dollars ($50.00).

10. Trademarks.

This License does not grant any rights to use the trademarks or trade names "Apple", "Apple Computer", "Mac OS X", "Mac OS X Server" or any other trademarks or trade names belonging to Apple (collectively "Apple Marks") and no Apple Marks may be used to endorse or promote products derived from the Original Code other than as permitted by and in strict compliance at all times with Apple’s third party trademark usage guidelines which are

posted at http://www.apple.com/legal/guidelinesfor3rdparties.html.

11. Ownership.

Apple retains all rights, title and interest in and to the Original Code and any Modifications made by or on behalf of Apple ("Apple Modifications"), and such Apple Modifications will not be automatically subject to this License. Apple may, at its sole discretion, choose to license such Apple Modifications under this License, or on different terms from those contained in this License or may choose not to license them at all. Apple’s development, use, reproduction, modification, sublicensing and distribution of Covered Code will not be subject to this License.

12. Termination.

12.1 Termination. This License and the rights granted hereunder will terminate:

(a) automatically without notice from Apple if You fail to comply with any term(s) of this License and fail to cure such breach within 30 days of becoming aware of such breach;

(b) immediately in the event of the circumstances described in Section 13.5(b); or

(c) automatically without notice from Apple if You, at any time during the term of this License, commence an action for patent infringement against Apple.

12.2 Effect of Termination. Upon termination, You agree to immediately stop any further use, reproduction, modification, sublicensing and distribution of the Covered Code and to destroy

all copies of the Covered Code that are in your possession or control. All sublicenses to the Covered Code which have been properly granted prior to termination shall survive any

termination of this License. Provisions which, by their nature, should remain in effect beyond the termination of this License shall survive, including but not limited to Sections 3, 5, 8, 9, 10, 11, 12.2 and 13. Neither party will be liable to the other for compensation, indemnity or damages of any sort solely as a result of terminating this License in accordance with its terms, and

termination of this License will be without prejudice to any other right or remedy of either party.

13. Miscellaneous.

Covered Code with only those rights set forth herein.

13.2 Relationship of Parties. This License will not be construed as creating an agency, partnership, joint venture or any other form of legal association between You and Apple, and You will not represent to the contrary, whether expressly, by implication, appearance or otherwise.

13.3 Independent Development. Nothing in this License will impair Apple's right to acquire, license, develop, have others develop for it, market and/or distribute technology or products that

perform the same or similar functions as, or otherwise compete with, Modifications, Larger Works, technology or products that You may develop, produce, market or distribute.

13.4 Waiver; Construction. Failure by Apple to enforce any provision of this License will not be deemed a waiver of future enforcement of that or any other provision. Any law or regulation

which provides that the language of a contract shall be construed against the drafter will not apply to this License.

Sections 2 and/or 3 or prevents the enforceability of either of those Sections, this License will immediately terminate and You must immediately discontinue any use of the Covered Code and

destroy all copies of it that are in your possession or control.

13.7 Entire Agreement; Governing Law. This License constitutes the entire agreement between the parties with respect to the subject matter hereof. This License shall be governed by the laws

of the United States and the State of Texas, except that body of Texas law concerning conflicts of law.

Where You are located in the province of Quebec, Canada, the following clause applies: The parties hereby confirm that they have requested that this License and all related documents be

drafted in English. Les parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais.

EXHIBIT A.

This file contains Original Code and/or Modifications of Original Code as defined in and that are subject to the Apple Public Source License Version 1.1 (the ‘License’). You may not use this

file except in compliance with the License. Please obtain a copy of the License at http://www.apple.com/publicsource and read it before using this file.

The Original Code and all software distributed under the License are distributed on an ‘AS IS’ basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR

NON-INFRINGEMENT. Please see the License for the specific language governing rights and limitations under the License."

Terms of Use