EULA

Updated [December 11, 2017]

This uPushiT Ultimate Challenge iOS App End User License Addendum ("Mobile Addendum") is between you and De' Lamar Technologies Corporation. ("De' Lamar Technologies") governs your use of De' Lamar Technologies' mobile applications for iOS including its uPushiT Ultimate Challenge app. This Mobile Addendum is an addendum to De' Lamar Technologies' Terms of Service (www.upushit.com/terms.html).

1. Parties. This Mobile Addendum is between you and De' Lamar Technologies only, and not Apple, Inc. ("Apple"). De' Lamar Technologies, not Apple, is solely responsible for the De' Lamar Technologies iOS Apps and their content. Although Apple is not a party to this Mobile Addendum, Apple has the right to enforce this Mobile Addendum against you as a third party beneficiary relating to your use of the De' Lamar Technologies iOS Apps.

2. Terms of Service. To use the De' Lamar Technologies iOS Apps, you may be required to register to become a De' Lamar Technologies member. In doing so, you must accept De' Lamar Technologies' Terms of Service.

3. Privacy. De' Lamar Technologies may collect and use information concerning your use of the De' Lamar Technologies iOS Apps as set forth in its Privacy Policy (www.upushit.com/privacy.html).

4. Limited License. De' Lamar Technologies grants you a limited, non-exclusive, non-transferrable, revocable license to use the De' Lamar Technologies iOS Apps for your personal, non-commercial purposes. You may only use the De' Lamar Technologies iOS Apps on an iPhone, iPod Touch, iPad, or other Apple device that you own or control and as permitted by the Apple App Store Terms of Service.

5. Warranty. The De' Lamar Technologies iOS Apps are provided for free on an "as is" basis. As such, De' Lamar Technologies disclaims all warranties about the De' Lamar Technologies iOS Apps to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, De' Lamar Technologies, not Apple, shall be solely responsible for such warranty.

6. Maintenance and Support. De' Lamar Technologies, not Apple, provides limited maintenance and support for De' Lamar Technologies iOS Apps.

7. Third Party Intellectual Property Claims. De' Lamar Technologies shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the De' Lamar Technologies iOS Apps. To the extent De' Lamar Technologies is required to provide indemnification by applicable law, De' Lamar Technologies, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the De' Lamar Technologies iOS Apps or your use of it infringes any third party intellectual property right.

8. Product Claims. De' Lamar Technologies does not make any warranties concerning the De' Lamar Technologies iOS Apps. To the extent you have any claim arising from or relating to your use of the De' Lamar Technologies iOS Apps, De' Lamar Technologies, not Apple, is responsible for addressing any such claims, which may include, but are not limited to: (i) any product liability claim; (ii) any claim that the De' Lamar Technologies iOS Apps fail to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Mobile Addendum shall be deemed an admission that you may have such claims.

9. U.S. Legal Compliance. You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

10. Contact Information. Should you have any questions, complaints, or claims relating to the De' Lamar Technologies app, please contact us at support@upushitultimate.com.