TERMS OF SERVICE Welcme t the NAO Clud Platfrm, prvided by Ple Star USA, Inc., a Delaware crpratin ( Ple Star, us, we r ur ). The NAO Clud Platfrm is an indr lcatin platfrm that includes the Ple Star website (the Site ), indr lcatin deplyment tls (including NAO Lgger), and indr psitining sftware, as well as ther services prvided by Ple Star in cnnectin with same (cllectively, the Service ). We are ffering the Service, free f charge, as further described belw. Subscribers, custmers, users, and thers wh wish t use the Service (cllectively r individually, yu, yur r Users ) must d s subject and pursuant t the fllwing terms and cnditins (cllectively, the Agreement ). Therefre, by testing and using ur Service, yu are agreeing t cmply with and be bund by this Agreement. 1. Acceptance f Agreement. This Agreement sets frth the entire understanding f the parties with respect t the use f the Service, and supersedes all cntempraneus agreements, representatins, warranties and understandings with respect t the Service. Ntwithstanding the freging, this Agreement shall nt alter, limit, restrict, supersede r replace any existing agreement with yu with respect t Ple Star s prducts r services, if applicable. This Agreement may be amended by us frm time t time withut specific ntice t yu. The latest Agreement will be psted n the Site, and yu shuld review this Agreement prir t using the Service. If yu d nt agree t the terms f this Agreement, yu shall nt use the Service. 2. Eligibility. Any crpratin, limited liability cmpany, r ther business entity Users must be duly frmed and in gd standing in the applicable jurisdictin(s) in rder t be eligible t use the Service. Furthermre, any and all individual Users must be at least eighteen (18) years ld (r f legal age t enter a
cntract in the applicable jurisdictin, but nt less than 16), and fully cmpetent, t be eligible t use the Service. If a party des nt meet the applicable criteria abve, he/she/it shall nt use the Service. 3. NAO Lgger Free License. In cnsideratin fr the use f the Service, Ple Star is granting yu a free license as set frth in the Service materials t be dwnladed frm the Site and as mentined in yur user accunt, t use the NAO Lgger tl (cllectively, the NAO Lgger Free License ).This Free License will allw yu t use and test ur indr lcatin services in all Andrid and ios devices available in the market which are cmpatible with the Service and the current sftware versins theref. Nt all mbile devices are cmpatible with the Service. Devices cmpatibility may change withut ntice. The NAO Lgger Free License is nt limited t a specific number f lcatins, allwing the User t use the Service at multiple venues; hwever, certain data limitatins, which may be changed by us frm time t time, may affect the number f supprted lcatins. The NAO Lgger Free License is nnexclusive, nn-transferable and nn-assignable, and is revcable by us at any time. The Evaluatin License shall include the fllwing: The right t test, demnstrate and use the Service slely fr internal, nn-cmmercial purpses, including the right t print discrete infrmatin frm the Site slely fr internal, nncmmercial purpses (and subject t cmpliance with all cpyright and ther plicies cntained in this Agreement). The right t use all f the tls and sftware needed fr the deplyment and field test f the Service (n cmpatible Andrid and ios devices). Instructins fr hw t deply, test and use the Service shall be included in the materials t be dwnladed frm the Site. Such instructins are subject t change, withut the requirement f ntice t existing Users; thugh we will use gd faith effrts t infrm Users f any such changes. The Evaluatin License shall be in effect fr s lng as access and use f the Service have nt been disabled by Ple Star. Ple Star can disable these access and use f the Service at any time. 2
T access and use the Service fr cmmercial purpses at any time, the User will enter int a separate sftware license agreement with Ple Star, which shall set frth the agreement f the parties with respect t same, including withut limitatin pricing in accrdance with Ple Star s thencurrent price list. Nthing herein shall require the User r Ple Star t enter int such agreement. 4. Mbile Services and Cmmunicatin. Certain elements f the Service require Ple Star s use f and interactin with a User s mbile device. Such mbile device must therefre be capable f certain minimum functinalities, including the ability t dwnlad deplyment tls, and send sme measurement infrmatin. We will nt charge yu fr these services; hwever yur carrier's nrmal messaging, data and ther rates and fees will still apply. Yu shuld check with yur carrier t find ut what plans are available, and hw much they cst. By using the Service, yu agree that we may cmmunicate with yu regarding ur Service and ur partners by SMS, text message, e-mail r ther electrnic means, t yur mbile device r e-mail address, t infrm yu abut news r ther infrmatin abut the Service. We will nt charge yu fr these services, hwever additinal messaging, data and ther rates and fees will still apply. In additin, yu understand and agree that the Service includes lcatin-based services, and that yur lcatin may be shared with Ple Star as permitted by ur Privacy Plicy, as such may be amended frm time t time. 5. Selectin f Venues. T deply and test the Service, yu will have t uplad indr maps f the applicable venue(s). Yu represent and warrant that yu have the full right and authrity t use and transmit such data and infrmatin, and any ther infrmatin wned by the wner f the applicable venue(s) t be used in cnnectin with the Service. It is slely yur respnsibility t check with the venue wner(s) t ensure that yu are authrized t use and transmit such data and infrmatin. 3
Furthermre, Ple Star will have n cntrl ver the selectin f venues fr testing the Service, which shall be dne slely by the User. Therefre, Ple Star is nt respnsible, and shall be fully indemnified, frm and against any and all claims, damages, r ther liability resulting frm the use f the venue(s) in cnnectin with the Service. 6. Ownership f Site Cntent. All cntent cntained n the Site and therwise prvided in cnnectin with the Service, including withut limitatin text, graphics, images, audi, vide and ther material, as well as dmain names, technlgy, tls, hardware, sftware, instructins, prcesses, knw-hw, methds, rganizatin and User lk-and-feel (cllectively, the "Cntent"), is prtected by cpyright, trademark, patent and ther such laws in the United States and freign cuntries, and is wned r cntrlled by Ple Star r by third parties that have licensed their Cntent t Ple Star. Unauthrized cpying, disseminatin, r use f the Cntent may vilate cpyright, trademark, patent and ther laws. Where the Site is cnfigured t allw Users t dwnlad any Cntent, yu may dwnlad such Cntent prvided that (a) yu retain all cpyright and ther prprietary ntices cntained in the riginal Cntent, (b) yu may nt sell r mdify the Cntent r reprduce, display, publicly perfrm, distribute, reverse engineer r therwise use the Cntent in any way fr any public r cmmercial purpse withut the prir written permissin f Ple Star, and (c) yu may nt use the Cntent in a manner that suggests an assciatin with any f ur prducts, services r brands. By dwnlading any sftware r ther Cntent frm the Site, r by therwise using the Service, we d nt transfer title t same t yu r any third party. N print-ut r electrnic versin f any part f the Site r the Service may be used in any litigatin r arbitratin matter whatsever under any circumstances. Except as expressly authrized herein, yu shall nt, withut the prir written permissin f Ple Star, "mirrr" Cntent n any ther server, and the use f the Cntent n any ther website r in a netwrked cmputer envirnment fr any purpse is prhibited. Ple Star, NAO Clud, NAO Campus and ther trademarks, lgs and/r service marks (cllectively, the "Marks") displayed n the Site r in cnnectin with the Service are wned by Ple 4
Star r third parties that have licensed t Ple Star the right t use same. Yu are prhibited frm using the Marks in any way withut the express, written permissin f Ple Star. 7. Ownership f Data. Ple Star shall be the exclusive wner f any and all data, text, graphics, images, audi, vide, and ther infrmatin and material which is created as a result f r in cnnectin with Users use f the Service, including withut limitatin any f same which is based upn r which incrprates any Cntent upladed r therwise cntributed by Users in cnnectin with the deplyment, installatin, testing r ther use f the Service. As such, Ple Star shall have the exclusive right t hst, reuse, resell, re-package and therwise explit same, in any and all media, whether currently knwn r created in the future, thrughut the universe and in perpetuity. All remarks, suggestins, requests, ntes, ideas, prcesses, knw-hw, graphics, r ther infrmatin cmmunicated by yu t us (cllectively, the "Submissins") shall be and remain the exclusive prperty f Ple Star. As such, Ple Star shall have the exclusive right t hst, reuse, resell, re-package and therwise explit the Submissins, in whle r in part, in any and all media whether currently knwn r created in the future, thrughut the universe and in perpetuity. We will nt be required t treat any Submissin as cnfidential, and will nt be liable fr any use f the Submissins (including withut limitatin, prduct, service r advertising ideas), and will nt incur any liability as a result f any similarities that may appear in ur future prducts, services r peratins. We will be entitled t use the Submissins fr any cmmercial r ther purpse whatsever, withut cmpensatin t yu r any ther persn creating r sending the Submissin. Yu acknwledge that yu are respnsible fr the legality, reliability, apprpriateness, riginality, and cpyright f any material yu submit, and warrant and represent that yu have the full right and authrity t submit same t us. Yu agree that yu have read, understand and agree t the terms f the Privacy Plicy which is available n the Site, as such may be amended frm time t time. We reserve the right, and yu authrize us, t use and assign all infrmatin regarding the Service used by yu and all infrmatin prvided by yu in any manner cnsistent with ur Privacy Plicy. 5
8. N Legal Advice r Attrney-Client Relatinship. Infrmatin cntained n r made available thrugh the Service r in this Agreement is nt intended t and des nt cnstitute legal advice, recmmendatins, mediatin r cunseling under any circumstance and n attrney-client relatinship is frmed thereby. Yu are advised that yu have the right t seek independent cunsel in cnnectin with this Agreement. 9. Cnfidentiality. Users shall keep and maintain in cnfidence, fr the duratin f the NAO Lgger Free Licence and fr tw (2) years thereafter, the fllwing cnfidential infrmatin (cllectively, Cnfidential Infrmatin ): Any and all Cntent and Submissins, whether prvided by Cmpany as part f the Service r develped during its use; Any and all tls, methds, technlgy, prcesses, techniques, knw hw, features, and/r technical results f the Service, including withut limitatin lcatin perfrmance (e.g., 3D accuracy, refresh rate, etc.); Any pinin, summary, synpsis r review f the Service as such relates t perfrmance; Any ther infrmatin which, by its nature, wuld reasnably be deemed t be cnfidential. Users shall use the same level f care in maintaining in cnfidence such Cnfidential Infrmatin as such User des r wuld use fr its wn cnfidential r prprietary infrmatin, but in any event n less than reasnable care. Such Cnfidential Infrmatin shall expressly exclude any infrmatin which (i) is available t the public thrugh the Site, (ii) is in the public dmain thrugh n wrngful act f the User, (iii) has been lawfully received by the User frm a third party thrugh n wrngful act f the User, and/r (iv) is apprved fr release by written authrizatin f Ple Star. Ntwithstanding the terms heref, Users shall cmply with any applicable laws r curt rder in cnnectin with the disclsure f any infrmatin described herein. Withut limiting any ther remedies that Ple Star may have in cnnectin with any breach r threatened breach f this Sectin, yu agree that Ple 6
Star shall have the right t seek and btain any and all available equitable and injunctive relief t enfrce the terms heref. 10. Errrs, Crrectins and Changes. We d nt represent r warrant that the Site r the Service will be errr-free, free f viruses r ther harmful cmpnents ( Defects ), r that any such Defects will be crrected. We d nt represent r warrant that the infrmatin available thrugh the Service will be crrect, accurate, timely r therwise reliable. We may make changes t the features, functinality r cntent f the Service at any time. We reserve the right in ur sle discretin t edit r delete any dcuments, infrmatin r ther cntent appearing n the Site r which is ffered t Users thrugh the Service. N guarantees are made with respect t the results f the Service, r the success f any demnstratins f the Service made t third parties. We are nt respnsible fr any Defects r ther prblems the Service may cause, directly r indirectly, n yur cmputer(s), mbile phne(s), r any ther device(s) yu are using in cnnectin with the Service. 11. Third Party Cntent and Services. Third party cntent may be part f, r accessible thrugh, the Service, which may include withut limitatin links t third party websites, as well as sftware, hardware, r ther services prvided by third parties as part f, r in cnnectin with, the Service. We are nt respnsible fr accuracy r pinins expressed in such third party cntent, and any such third party websites are nt investigated, mnitred r checked fr accuracy r cmpleteness by us. We are nt respnsible, and assume n liability, fr any mistakes, misstatements f law, defamatin, missins, falsehd, bscenity, prngraphy r prfanity in the statements, pinins, representatins r any ther frm f such third party cntent. Yu understand that the infrmatin and pinins in the third party cntent represent slely the thughts f the authr and is nt endrsed by us, nr des it necessarily reflect ur beliefs. Yu therefre release Ple Star frm any actins, demands, suits r ther claims resulting frm r arising ut f r in cnnectin with such third party cntent and/r websites. We are 7
nt respnsible fr limitatins, bad services etc r any ther prblem related t these third party services.. DMCA Ntice Sme features f the Service may permit the psting and/r use f third party cntent, which may include cpyrighted wrks. Ple Star disclaims all respnsibility fr such cntent, as described abve. Cpyright wners r their authrized agents may submit a cmplaint f alleged cpyright infringement t Ple Star if they have a gd-faith belief that their prtected wrks are being infringed. Such cmplaints may be emailed tlegal@plestarusa.cm sent by regular mail r curier t: Cpyright Agent Ple Star USA, Inc. 1000 Elwell Curt Suite 201 Pal Alt, CA 94303 USA T be effective, such ntificatin t us must include: A physical r electrnic signature. Identificatin f the cpyrighted wrk claimed t have been infringed (if multiple cpyrighted wrks are cvered by a single ntificatin, a representative list f such wrks). Identificatin f the material that is claimed t be infringing r t be the subject f infringing activity, including infrmatin reasnably sufficient t permit Ple Star t lcate the material. Infrmatin reasnably sufficient t permit Ple Star t cntact the wner r authrized agent, such as an address, telephne number, and email address The fllwing statement: "I have a gd faith belief that use f the cpyrighted materials described abve as allegedly infringing is nt authrized by the cpyright wner, its agent, r the law." 8
The fllwing statement: "I swear, under penalty f perjury, that the infrmatin in the ntificatin is accurate and that I am the cpyright wner r am authrized t act n behalf f the wner f an exclusive right that is allegedly infringed." Upn receipt f such ntificatin, Ple Star shall prmptly investigate the matter, and, if apprpriate, remve r disable access t the allegedly infringing material. In sme instances the party that has upladed r psted the materials described abve may supply a cunter-ntificatin pursuant t sectins 512(g) (2) and (3) f the DMCA. When we receive a cunter-ntificatin, we may reinstate the material in questin. T file a cunter-ntificatin with us, the applicable party must prvide a written cmmunicatin (by regular mail r by email) that sets frth all f the items required by the DMCA. Please nte that any User will be liable fr damages if such User materially misrepresents that cntent r an activity is nt infringing the cpyrights f thers. If yu are nt sure whether certain material infringes the cpyrights f thers, we suggest that yu first cntact an attrney. 12. Unlawful Activity. We reserve the right t investigate cmplaints r reprted vilatins f this Agreement and t take any actin we deem apprpriate, including but nt limited t reprting any suspected unlawful activity t law enfrcement fficials, regulatrs, r ther third parties and disclsing any infrmatin necessary r apprpriate t such persns r entities relating t yur prfile, e-mail addresses, usage histry, psted materials, IP addresses and traffic infrmatin. 13. Indemnificatin. Yu agree t indemnify, defend and hld us and ur partners, agents, fficers, directrs, emplyees, cntractrs, subcntractrs, successrs, assigns, licensees, third party suppliers f infrmatin and dcuments, attrneys, advertisers, prduct and service prviders, and affiliates (cllectively, Affiliated Parties ) harmless frm any liability, lss, claim and expense, including reasnable attrney's fees, related t yur vilatin f this Agreement r use f the Service. 14. Disclaimer. 9
THE SITE AND THE SERVICE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH ALL FAULTS, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOTLIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION OF THE FOREGOING, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SPECIFICALLY, WITHOUT LIMITING THE FOREGOING, WE AND OUR AFFILIATED PARTIES SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABIILTY, OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM ANY (A) ERRORS IN OR OMISSIONS FROM THE SITE, THE SERVICE OR ANY PRODUCTS OBTAINABLE THEREFROM, (B) THE UNAVAILABILITY OR INTERRUPTION OF THE SITE, THE SERVICE OR ANY FEATURES THEREOF, (C) USE OF THE SITE OR THE SERVICE, OR (D) THE CONTENT CONTAINED IN THE SITE OR PROVIDED TO USE IN CONNECTION WITH THE SERVICE. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED. 15. Privacy Plicy. 10
Yu can find ur Privacy Plicy: https://www.na-clud.cm/privacyplicy.pdf The terms f the Privacy Plicy are hereby incrprated int this Agreement by reference. 16. Miscellaneus. We may mdify, add t, r therwise revise this Agreement at any time. If we d s, we will pst amended versin(s) f the Agreement n the Site. Changes t this Agreement are effective when they are psted. In sme cases, we may als ntify yu (via email r therwise) f such changes, at ur sle discretin; hwever, yu are encuraged t check the Site frequently fr any amended versin(s) f the Agreement. In the event any change(s) is (are) made t this Agreement, yur cntinued use f the Service shall be deemed t be acceptance f such change(s). In the event f any cnflict between such revised versin(s) f this Agreement, and the terms heref, the revised terms shall cntrl. This Agreement des nt create any third party beneficiary rights. If yu d nt cmply with the terms f this Agreement, and n actin is taken by us in a given perid f time, we are nt waiving any f ur rights (including the right t take actin at a later date). If any term f this Agreement is nt enfrceable, it will nt affect any ther terms, which shall remain in full frce and effect. Neither Ple Star nr yu shall be liable t the ther fr any delay r failure in perfrmance under this Agreement t the extent arising ut f a cause beynd its cntrl and withut its fault r negligence. Such causes may include, but are nt limited t fires, flds, earthquakes, strikes, unavailability f necessary utilities, blackuts, failure f third party suppliers r service prviders, acts f Gd, acts f declared r undeclared war, acts f regulatry agencies, r natinal disasters. The laws f the State f Califrnia, and the United States f America, shall cntrl this Agreement, withut regarding t any cnflicts f law rules. Any and all claims r ther disputes arising ut f this 11
Agreement shall be litigated exclusively in the Federal r state curts in San Mate Cunty, Califrnia, USA, and yu cnsent t persnal jurisdictin in thse curts. Fr infrmatin abut hw t cntact Ple Star, please visit ur cntact page: http://www.plestar.eu/en/cntact.html 12