EULA

Updated [March 1, 2018]

This uPushiT Ultimate Challenge Android 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 Android including its uPushiT Ultimate Challenge App. This Mobile Addendum is an addendum to De' Lamar Technologies' Terms of Service.

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

2. Terms of Service. To use the De' Lamar Technologies Android 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 Android Apps as set forth in its Privacy Policy.

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

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

6. Maintenance and Support. De' Lamar Technologies, not Google, provides limited maintenance and support for De' Lamar Technologies Android 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 Android Apps. To the extent De' Lamar Technologies is required to provide indemnification by applicable law, De' Lamar Technologies, not Google, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the De' Lamar Technologies Android 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 Android Apps. To the extent you have any claim arising from or relating to your use of the De' Lamar Technologies Android Apps, De' Lamar Technologies, not Google, 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 Android 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.