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Noble Mobile Application Terms of Use

ACCEPTANCE

The following Terms of Use (these “Terms”) are a legally binding agreement between you (“You” and “Your” as used herein includes the individual on whose behalf this mobile application (this “App”) is being used) and Noble Research Institute, LLC (the “Institute”). These Terms govern Your use of the App designed for Your mobile device (“Device”). Your use of this App means You have accepted these Terms and agree to be bound by them. If You do not agree to these Terms You must immediately stop using the App, and remove the App from Your Device.

If you have any questions about our Policy, you may email the Institute at websupport@noble.org.

LIMITED LICENSE TO APP

Unless otherwise expressly noted, Institute is the owner of all right, title, and interest in the App and its content, including without limitation, all patents, copyrights, trademarks, service marks, trade dress, trade names, and any and all other intellectual property, whether protectable or not and whether now known or hereafter existing, and all of the goodwill therein.

You are granted a limited, non-transferable, non-exclusive, royalty-free, revocable license to download, run and use this App on your Device. You acknowledge and agree that Institute is granting You a license to use this App and is not selling or making an assignment of this App to You. This App is to be used by You. The sale, transfer, modification, reverse engineering or distribution of this App or the copying of included text or images is strictly prohibited.

COLLECTION OF PERSONAL DATA

The Institute may request personal data and other information to permit and/or facilitate utilization of the App. The Institute will maintain your personal data in accordance with its Privacy Policy, which is available at the following website: www.noble.org/privacy-policy. You are encouraged to review the Privacy Policy prior to using the App.

Links to Other Websites

The App may contain links to third-party websites. The Institute is not responsible for the content found on any linked third-party websites and do not endorse any third-party website or their goods or services. If you use a third-party website or visit a third-party website from the Site, you will be subject to the terms of use that apply to such website.

ACCEPTABLE USE

You agree to obey all applicable laws and to respect the intellectual property rights of others. You agree not to submit, display, perform or otherwise distribute any proprietary, copyrighted, trade secret, or confidential information (including photographs, music or videos) for which you do not have a valid license. You are solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit, or that is provided or transmitted using your Device. The burden of proving that any content does not violate any laws or third party rights rests solely with You. In no event may You use this App in a manner that (a) harasses, abuses, threatens, defames or otherwise infringes or violates the rights of the Institute or any other party; (b) is unlawful, fraudulent, deceptive, indecent, inappropriate, pornographic or inhumane; (c) transmits Your or a third party's proprietary information without consent; (d) attempts to introduce viruses or any other malicious computer code; (e) attempts to gain unauthorized access to the Institute’s computer network or user accounts; (f) encourages conduct that would constitute a crime; (g) violates the security measures on this App; or (h) violates these Terms. The Institute reserves the right, in its sole discretion, to terminate these Terms and/or demand that You remove this App from Your Device for any reason, including but not limited to, a complaint made to the Institute that You have violated a third party's rights.

Violations of system or network security may result in civil or criminal liability. The Institute will investigate occurrences which may involve such violations, and may involve, cooperate with, and make disclosures to, law enforcement authorities in identifying and prosecuting users who are involved in such violations.

DISCLAIMER OF WARRANTIES & LIABILITY LIMITATIONS

This App may be under continuous development by the Institute and it may contain an error, flaw, failure, or fault in the program or system that causes it to produce an incorrect or unexpected result, or to behave in unintended ways. As such, any use of this App is provided "as-is" and on an "as available" basis and at Your own risk. To the maximum extent permitted by applicable law, the Institute disclaims all warranties and conditions, either expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement with regard to the App and any component thereof, and the provision of or failure to provide support services. This limited warranty gives You specific legal rights. You may have others, which vary from jurisdiction to jurisdiction. Except as provided herein, there are no other warranties, conditions or promises about this App, expressed or implied, and all such warranties, conditions and promises are excluded to the full extent permitted by law.

Without limitation to the foregoing: (i) the Institute does not guarantee, represent, or warrant that Your use of this App will be uninterrupted or error-free, and You agree that from time to time the Institute may remove this App for indefinite periods of time, or cancel this App at any time, without notice to You; and (ii) the Institute does not guarantee, represent or warrant that this App will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and the Institute disclaims any liability relating thereto. You are responsible for backing up Your own device.

In no event will the Institute, its member, its member’s directors, its officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, special, exemplary, incidental, special, punitive or consequential damages of any kind, including damages for loss of profits, loss of business, or loss of business reputation, whether foreseeable or not or whether based in contract, tort (including negligence), strict liability, product liability or otherwise, even if the Institute or its representatives have been advised of the possibility of such damages. The limitations of damages set forth above are fundamental elements of the basis of the bargain between the Institute and You.

The Institute would not have provided this App to You for free without such limitations. The Institute will use appropriate technical and organizations measures to protect information submitted by You in connection with this App, but You acknowledge and agree that Your submission of such information is at Your sole risk. The Institute hereby disclaims any and all liability to You for any loss or liability relating to such information in any way. THE INSTITUTE ASSUMES NO DUTY TO YOU BY MAKING THIS APP AVAILABLE AND SHALL NOT BE RESPONSIBLE FOR ANY ERRORS, OMISSIONS OR DEFECTS IN THIS APP OR THE CONSEQUENCES OF ANY DECISIONS OR ACTIONS TAKEN IN RELIANCE UPON THIS APP. Your sole and exclusive remedy for any claim related to this App is to stop using it.

INDEMNIFICATION

By using this App You agree to defend, indemnify and hold harmless the Institute, its member (and the directors thereof), officers, employees, affiliates, agents, contractors and licensors with respect to any claims arising out of Your breach of these Terms, Your use of this App or any action taken by the Institute as part of its investigation of a suspected violation of these Terms or as a result of its finding or decision that a violation of these Terms has occurred. This means that You cannot sue or recover any damages from the Institute, its member, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to refuse to process any information You provide to the Institute, to warn You, to suspend or terminate Your access to this App or to take any other action. This indemnity provision applies to all violations described in or contemplated by these Terms. You are entirely responsible for any and all activities (and any misuses) that occur under or that originate from Your device while using this App.

CHANGES, MODIFICATIONS & TERMINATION

The Institute reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on Your use of this App. Such modifications or additional terms and conditions will be effective immediately and incorporated into these Terms. Your continued use of this App means You accept and agree to be bound by the modified Terms. The Institute may, at any time, modify or discontinue (temporarily or permanently) distributing or updating this App. The Institute is not obligated to provide any support services for this App. The Institute shall not be liable to You or any third party for any such modification, suspension or discontinuance.

COMPLIANCE WITH LAWS

You represent and warrant that: (i) You are not located in, and will not transfer this App to a national of a country that is subject to a United States or Canadian Government embargo, or that has been designated by the U.S. or Canadian Government as a "terrorist supporting" country; and (ii) You are not listed on any government "watch list" of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.

SEVERABILITY

These Terms and the Institute’s Privacy Policy constitute the entire agreement between You and the Institute relating to this App. If any part of these Terms or the Privacy Policy is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

WAIVER

The Institute’s failure to enforce any right or provisions in these Terms will not constitute a waiver of such or any other provision.

FORCE MAJEURE

The Institute will not be responsible for failures to fulfill any obligations due to causes beyond its control.

VENUE

These Terms are governed by Oklahoma law without regard to choice of law or conflicts of law principles that would require the application of law of a different jurisdiction.

GENERAL

These Terms do not limit any rights that the Institute may have under trade secret, copyright, patent, or other laws.