END USER LICENSE AGREEMENT

Last updated March 04, 2020

GoodNeighbor Side Jobs is licensed to You (End-User) by Tundra Software, LLC, located at 1213 South 9th St, Watertown, Wisconsin 53094, United States (hereinafter: Licensor), for use only under the terms of this License Agreement. By downloading the Application from the Apple AppStore or Google Play Store, and any update thereto (as permitted by this License Agreement), You indicate that (1) You agree to be bound by all of the terms and conditions of this License Agreement, (2) You accept this License Agreement, and (3) You are at least 18 years of age, OR You are at least 16 years of age and have obtained permission from Your parent to use the Application and share personal information on the Application. The parties of this License Agreement acknowledge that Apple is not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. The parties of this License Agreement also acknowledge that Google is not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. Tundra Software, LLC, not Apple or Google, is solely responsible for the licensed Application and the content thereof. This License Agreement may not provide for usage rules for the Application that are in conflict with the latest App Store Terms of Service or Google Play Terms of Service. Tundra Software, LLC acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them. All rights not expressly granted to You are reserved.

1. THE APPLICATION

GoodNeighbor Side Jobs (hereinafter: Application) is a piece of software created to facilitate connections between people that need side work done, and those who are looking to do side work, customized for Apple and Android mobile devices. It is used to post ads for jobs people need done, or notify those who posted an ad about the acceptance and/or completion of the job. Furthermore, it is used to find job ads posted near a user via location permissions. The Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Application. You may not use the Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. SCOPE OF LICENSE

2.1 You may not share or make the Application available to third parties (unless to the degree allowed by the Apple Terms and Conditions OR Google Terms and Conditions, AND with Tundra Software, LLC's prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.

2.2 You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with Tundra Software, LLC's prior written consent).

2.3 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the App Store Terms of Service, the Google Play Store Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.

2.4 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

2.5 Licensor reserves the right to modify the terms and conditions of licensing.

2.6 Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.

3. TECHNICAL REQUIREMENTS

3.1 The Application must be used on an end-user device running iOS 12.1 or higher, OR Android Version 4.1 or higher. The Application targets Android Version 8.0.

3.2 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Application satisfies the technical specifications mentioned above.

3.3 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

4. MAINTENANCE AND SUPPORT

4.1 The Licensor is solely responsible for providing any maintenance and support services for this licensed Application. You can reach the Licensor at tundrasoftwarellc@gmail.com.

4.2 Tundra Software, LLC and the End-User acknowledge that neither Apple nor Google has any obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.

5. LIABILITY

5.1 Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.

5.2 Licensor takes no liability or responsibility for any damages or losses caused due to a breach of duties according to Section 2 of this Agreement. You are aware that in case of alterations or manipulations of the Application, You will not have access to the licensed Application.

5.3 Licensor takes no liability or responsibility in case of any interactions between You, other users of the Application, or non-users of the Application, such interactions include but are not limited to those that are physical, verbal, digital, or financial in nature. You assume any risk of using the Application. Licensor takes no liability or responsibility for acts, conduct, or omissions of You, any other users of the Application, or non-users of the Application. Licensor takes no liability or responsibility for the accuracy of information (including personal names, phone numbers, addresses, etc.) posted by You or other users of the Application. Licensor takes no liability or responsibility for events that result from You or any other party traveling to or arriving at a street address that was posted on the Application. To the extent not prohibited by applicable law, Licensor will take no liability or responsibility for personal injury, or any direct, indirect, consequential, incidental, punitive, special, or other losses resulting from the use of the Application.

6. WARRANTY

6.1 Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. All other warranties, expressed or implied, associated with the Application are not claimed by the Licensor.

6.2 No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Tundra Software, LLC's sphere of influence that affect the executability of the Application.

6.3 You are required to inspect the Application immediately after installing it and notify Tundra Software, LLC about issues discovered without delay by e-mail at tundrasoftwarellc@gmail.com. The defect report may be taken into consideration and further investigated if it has been mailed within a period of ten (10) days after discovery.

6.4 If we confirm that the Application is defective, Tundra Software, LLC reserves a choice to remedy the situation by means of solving the defect.

7. PRODUCT CLAIMS

Tundra Software, LLC and the End-User acknowledge that Tundra Software, LLC, and neither Apple nor Google, is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User’s possession and/or use of that licensed Application, including, but not limited to:

(i) product liability claims;

(ii) any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement; and

(iii) claims arising under consumer protection, privacy, or similar legislation.

8. LEGAL COMPLIANCE

You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and that You are not listed on any U.S. Government list of prohibited or restricted parties.

9. CONTACT INFORMATION

For general inquiries, complaints, questions or claims concerning the licensed Application, please contact:

Tundra Software, LLC
1213 South 9th St
Watertown, WI 53094
United States
tundrasoftwarellc@gmail.com

10. TERMINATION

The license is valid until terminated by Tundra Software, LLC or by You. Your rights under this license will terminate automatically and without notice from Tundra Software, LLC if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.

11. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

Tundra Software, LLC represents and warrants that Tundra Software, LLC will comply with applicable third-party terms of agreement when using licensed Application. In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," Apple and Apple's subsidiaries shall be third-party beneficiaries of this End User License Agreement and - upon Your acceptance of the terms and conditions of this license agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.

12. INTELLECTUAL PROPERTY RIGHTS

Tundra Software, LLC and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User's possession and use of that licensed Application infringes on the third party's intellectual property rights, Tundra Software, LLC, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.

13. APPLICABLE LAW

This license agreement is governed by the laws of the State of Wisconsin excluding its conflicts of law rules.

14. MISCELLANEOUS

14.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

14.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.