stress navigator Application END USER LICENSE AGREEMENT

Please read this Stress Navigator Mobile Application End-User License Agreement (“EULA”) carefully before downloading or using the Stress Navigator Mobile Application (“Stress Navigator App”). This EULA is an agreement between you (Licensee) and The Informatics Application Group (“TIAG” or “Licensor”). Your download and/or use of this Stress Navigator mobile application, a derivative of the mResilience™ mobile application (“mRes App”), indicates your agreement to all of the terms of this EULA. This EULA governs your use of the Stress Navigator App, which will allow you to access the Stress Navigator Service directly from your mobile device.

This EULA is effective as long as you continue use of the Stress Navigator App.

1. License. Licensor grants you a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Stress Navigator App strictly in accordance with this EULA as long as the Stress Navigator App remains in use for identified support needs.

2. Your Account. Your use of Stress Navigator App requires that you have an email address associated with your agency or department, or a provided personal email, to create an authorized user account with the Licensor.

3. Changes to this EULA. Licensor reserves the right to modify this EULA. Licensor will post the most current version of this EULA at www.mresilience.net/stressnavigator-eula. If Licensor makes material changes to this EULA, we will notify you via the Stress Navigator App. Your continued use of the Stress Navigator App after Licensor publishes notice of changes to this EULA indicates your consent to the updated terms.

4. No Included Maintenance and Support. Licensor may deploy changes, updates, or enhancements to the Stress Navigator App at any time. Licensor may provide maintenance and support for the mRes App, but has no obligation whatsoever to furnish such services to you and may terminate such services at any time without notice. You acknowledge that neither Apple (for iOS) nor Google (for Android) has an obligation to furnish any maintenance and/or support services in connection with the Stress Navigator App.

5. Privacy. In order to operate and provide the Stress Navigator App, Licensor may collect certain information about you.  Licensor uses and protects that information in accordance with the Stress Navigator Privacy Statement, which is available at www.mresilience.net/stressnavigatorprivacystatement.  

6. Consent to Electronic Communications and Solicitation. By downloading the Stress Navigator App, and/or by opting-in through your mobile device’s notification settings, you authorize Licensor to send you (including via email and push notifications) information regarding the Stress Navigator App, such as: (a) notices about your use of the Stress Navigator App, including notices of new or changed features and information from your department or agency; (b) updates to the Stress Navigator App; and (c) updates and revisions regarding Stress Navigator App user policies and guidance.

7. NO WARRANTY. LICENSEE EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE STRESS NAVIGATOR APP IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE STRESS NAVIGATOR APP IS PROVIDED “AS ISAND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE STRESS NAVIGATOR APP, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

8. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE STRESS NAVIGATOR APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

9. Intellectual Property Indemnity. In the event of a third-party claim against you that the Stress Navigator App, or your possession and use of the Stress Navigator App, infringes a third- party’s intellectual property rights, Licensor agrees to indemnify you solely in your capacity as an individual user. Licensor reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any such claim, and you agree to reasonably cooperate as requested by Licensor in the defense of any such claim.

10. Governing Law. The validity, construction, interpretation, and performance of this EULA and your use of the Stress Navigator App shall be governed by and construed in accordance. with the domestic laws of the State of Virginia except as to its principles of conflicts of laws. The parties may bring any actions seeking specific performance, equitable relief or other non- monetary remedies in any U.S. state or federal court of competent jurisdiction. Specifically excluded from application to this EULA is that law known as the United Nations Convention on the International Sale of Goods.

11. U.S. Government. The Stress Navigator App and related documentation are “Commercial Items” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights reserved under the copyright laws of the United States

Contact Information. If you have any questions regarding this EULA, please contact Licensor by email at support@mresapp.com, SUBJECT: Stress Navigator APP EULA.