END USER LICENSE AGREEMENT (SOBRsafe Software, SaaS)

Thank you for licensing SOBRsafe software and/or services. Please read this End User License Agreement (“EULA”) carefully and be sure you understand it. This EULA is a legal agreement between you (either an individual or a single entity) and SOBR Safe, Inc., a Delaware corporation (“SOBRsafe”). You must review and accept the terms of this EULA before installing or using the Software or SaaS Services (“Licensed Software”). By clicking the “I ACCEPT” button or installing or using the Licensed Software, you acknowledge that you have read all of the terms and conditions of this EULA, understand them, and agree to be legally bound by them.

If you have entered into a separate written agreement with SOBRsafe permitting you to use the Licensed Software, that agreement, rather than this EULA, governs your use of such Licensed Software. If all or some portion of the Licensed Software has been licensed by another party for your use (e.g., your employer or an individual or company with which you conduct business), your right to use that Licensed Software and to obtain any related Services is subject to the terms and conditions of the agreement(s) between SOBRsafe and the other party, whether the other party has agreed to the terms of this EULA or to the terms of a separate, written agreement. Even if your use of the Licensed Software is sponsored by another party, the terms of our SOBRsafe Software Privacy Statement and our Acceptable Use Policy, both of which are accessible on our website at www.SOBRsafe.com (and which are incorporated into this EULA by this reference), apply to you. You are agreeing to the terms and conditions of these policies by clicking the “I ACCEPT” button or installing or using the Licensed Software, and we encourage you to review such policies.

1.DEFINITIONS. The following capitalized terms used in this EULA have the meanings indicated:

(a)         “Account” means the information and items accessible by a single login to the Licensed Software, including, without limitation, a set of SOBRsafe contacts, files, and service records.

(b)         “Computer” means a personal computer, personal computing device, tablet and/or handheld mobile device but, excluding any third-party devices or sensors not sublicensed or otherwise provided to End User by SOBRsafe.

(c)          “Documentation” means any online help text and/or manuals provided with the Licensed Software.

(d)         “End User” means you and any human being who utilizes the Licensed Software.

(e)         “Law” means any law, declaration, decree, directive, legislative enactment, order (including any valid court order), ordinance, regulation, rule or other binding restriction or requirement of or by any governmental authority, as may be amended, changed or updated, including, without limitation, all applicable data privacy and security laws, rules and regulations.

(f)           “SaaS Services” means: (A) the subscription version of the Software provided by SOBRsafe and accessible online. (B) Documentation; and (C) any Updates and Upgrades integrated into the SaaS Services by SOBRsafe from time to time.

(g)         “Services” means Managed Services, SaaS Services, software maintenance services, support services (including deployment support services), and any other services SOBRsafe may provide you with in connection with your use of the Software.

(h)         “Software” means the SOBRsafe software accompanying this EULA, in object code form, together with anything that may form a part of it or subsequently be provided by SOBRsafe for use with such software, including, without limitation: (A) tools, adapters, plug-ins, “skins” and other software applications or components; (B) graphical, video or audio content; (C) Documentation; and (D) any Updates and Upgrades but, excluding any third-party software not sublicensed to End User by SOBRsafe. There may be certain differences in functionality between different versions of the Software created for use with different operating systems (i.e. Android versus iOS). Such differences may be with respect to extensibility and core platform features.

(i)      “Trademark Usage Policy” means the document accessible on the Web Site that sets forth certain terms and conditions related to use of SOBRsafe’ trademarks, as it may be amended by SOBRsafe from time to time.

(j)   “Updates” means bug fixes, patches, or other revisions to or modifications of Licensed Software that SOBRsafe provides or makes available to you or any End User, including those it makes generally available to customers that subscribe to its software maintenance services. Updates do not include upgrades.

(k)          “Upgrade” means a major release of Licensed Software, as determined by SOBRsafe in its sole discretion. An Upgrade typically is identified by a new product name or a new number to the left of the first decimal point in the version number of an existing product name.

(l)    “Web Site” means SOBRsafe’s web site located at www.SOBRsafe.com.

 

2.OWNERSHIP. The Licensed Software is licensed, not sold. All Licensed Software (including any changes you may request or suggest) is the property of SOBRsafe and/or its licensors, and no ownership interest is granted to you under this EULA. Title to each copy of the Licensed Software and all related intellectual property rights embodied in or represented by the Licensed Software will remain with SOBRsafe and/or its licensors at all times, as will all other rights not explicitly granted to you under this EULA.

 

3. LICENSE GRANT. SOBRsafe grants you a limited, nonexclusive, worldwide (unless otherwise specified in the accepted order), non-transferable, non-sublicensable, limited license to, as applicable: (A) install and use the Software (solely in object code form) for the period of time specified in the applicable accepted order; and/or (B) use the Licensed Software for the period of time specified in the applicable accepted order, provided, in both cases, you comply with all the terms and conditions of this EULA:

 

(a)         Software. You may use the Software on one (1) android or iOS device regularly and primarily used by you inaddition to any computer related to viewing associated dashboards or available reports. You hereby accept responsibility for each End User’s use of the Software and Services and their compliance with the terms of this EULA. You also agree to notify each End User of this EULA and that they are bound by it.

(b)         SaaS Services. As a condition of your use of the SaaS Services, you will not use the SaaS Services for any purpose that is unlawful or prohibited by this EULA or would cause a breach of any applicable agreements with third parties to which you are bound (such as, by way of example, your agreement with your wireless data services carrier). You may not use the SaaS Services in any manner that in our sole discretion could damage, disable, overburden, impair or interfere with any other party’s use of the SaaS Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the SaaS Services. In addition, you agree not to use false or misleading information in connection with your Account and acknowledge that we reserve the right to disable any Account with a profile which we reasonably believe is false or misleading (including a profile that impersonates a third party). Use of the SaaS Services requires usage of data services provided by your wireless service carrier. You acknowledge and agree that you are solely responsible for data usage fees and any other fees that your wireless service carrier may charge in connection with your use of the SaaS Services. Your use of the SaaS Services is subject to the terms, conditions and limitations pertaining to the service level, if any, to which you have subscribed, as described in a separate agreement or a formal service offering description posted on the Web Site.

(c)          Third-Party Access to Licensed Software Functionality. You may permit any number of individual users to access the Licensed Software’s functionality directly via an Android, iOS device or computer (for related services), provided that each user who accesses the Software’s functionality in any manner must possess current and valid SOBRsure hardware associated with a valid account for the Software. This right of access may not apply to trial or preview Software.

 

4.  RESTRICTIONS AND LIMITATIONS. You agree to comply with the following restrictions and limitations, and you agree not to permit others (including any End User whose use of the Licensed Software you sponsor) to violate them:

(a)         Copying, Distribution and Use. You may not copy the Licensed Software, except in connection with installation of the Software as provided above in Section 3(a). You may not sell, rent, lease, sublicense or redistribute Licensed Software or its authentication codes, or use or permit others to install or directly or indirectly access or use the Licensed Software, its functionality, or its authentication codes, use the Licensed Software to provide a service bureau, use the Licensed Software to provide Services to third parties, except as provided in this EULA or as agreed to in writing by SOBRsafe, or use the Licensed Software in violation of any applicable Law or to support any illegal activity.

(b)         Proprietary Notices. You may not alter or remove any copyright, trademark, patent, or other protective notices contained in or on Software, except that Customer may alter or remove SOBRsafe trademarks and other branding elements from the user interface of the Software to the limited extent that may be permitted under the Trademark Usage Policy, as it may be amended from time to time.

(c)          Reverse Engineering, Decompiling, and Disassembly. You may not reverse engineer, decompile, or disassemble the Licensed Software or otherwise attempt to derive its source code, except and only to the extent that any of these activities is permitted by applicable Law despite this restriction. To the extent that the right to decompile, disassemble, or reverse engineer the Software is permitted by applicable Law, you agree not to do so if SOBRsafe makes available to you a separate software module that allows you to achieve interoperability of an independently created computer program for use with the Software. You agree that, prior to attempting to achieve such interoperability, you will obtain written notification from SOBRsafe that it is unwilling to make such a software module available within a reasonable period.

(d)         Modifications and Derivative Works. You may not modify or create derivative works of the Licensed Software, but computer code written to current application programming interfaces for the Licensed Software that are published by SOBRsafe or otherwise disclosed by SOBRsafe to you or a third party and which are not marked “preview,” “trial,” “beta,” or some similar designation will not be considered modifications or derivative works for purposes of this restriction.

(e)         Interference with Certain Features. You may not modify, disable, circumvent, deactivate or otherwise interfere with features of the Licensed Software that enforce license restrictions or limits or report technical or statistical information regarding the Licensed Software or its use to SOBRsafe.

(f)           Acceptable Use. You may not use the Licensed Software for a purpose or in a manner not permitted by the terms of the SOBRsafe Acceptable Use Policy (as it may be amended from time to time), including, without limitation, infringement of intellectual property rights. SOBRsafe Acceptable Use Policy is accessible on the Web Site  www.SOBRsafe.com.

(g)             Use of Third Party Software. You may not use third party software applications specifically developed for use with the Software with any edition of the Software other than a licensed paid version.

(h)         Connectivity. Some functions of the Licensed Software and Services require a data connection between your device and our servers. You must provide this connection, at your sole expense and responsibility. We are not responsible for the availability of this connection or liable for any consequences that may result from the unavailability or quality of such connection.

(i)    Collected Data. In connection with your use of the Licensed Software and Service, the Licensed Software and/or Service may collect certain information about you, such as biotelemetry information and certain information you input into the Licensed Software and/or Service. You can read more about our practices with respect to such information in our Privacy Statement www.SOBRsafe.com. We do not require you to transmit to us your Personal Information, but certain data fields (such as your global user id) will accept your data input and you may choose to include Personal Information in such fields (such as your full name). When combined with the other information that we collect, all such information becomes Personal Information. We shall have no liability in connection therewith, except to the extent such liability arises from or relates to our gross negligence or willful misconduct.

 

MAINTENANCE AND SUPPORT. Technical support for the Licensed Software may be found in the on the Website www.SOBRsafe.com (though any Updates or Upgrades SOBRsafe may provide you will be covered by this EULA, unless SOBRsafe requires you to accept a new agreement at the time they are provided).

 

5.    WARRANTY DISCLAIMER.

 

(a)    The Software as a Service (SaaS) provider (hereinafter referred to as “Provider”) makes no warranties or representations, either expressed or implied, regarding the SaaS services provided. The SaaS services are provided “as is” and “as available” without any warranty of any kind.

(b)            Use at Your Own Risk. The use of the SaaS services is at the user’s own risk. The Provider does not  warrant that the SaaS services will be uninterrupted, error-free, secure, or free from viruses or other harmful components. The user acknowledges that they are solely responsible for the use of the SaaS services and any consequences resulting from such use.

(c)     No Professional Advice. The use of the SaaS services does not constitute professional advice. The user should seek the advice of qualified professionals for any specific concerns or issues related to their use of the SaaS services.

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND SOBRSAFE AND ITS LICENSORS AND LICENSORS’ DISTRIBUTORS DISCLAIM ALL WARRANTIES WITH RESPECT TO ALL LICENSED SOFTWARE AND SERVICES AND ALL THIRD PARTY PRODUCTS OR SERVICES YOU OR END USERS MAY UTILIZE IN CONNECTION WITH LICENSED SOFTWARE OR SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. IN PARTICULAR, SOBRSAFE DOES NOT REPRESENT THAT THE LICENSED SOFTWARE OR SERVICES ARE ERROR FREE, WILL OPERATE IN AN UNINTERRUPTED MANNER, ARE COMPLETELY SECURE, OR WILL INTEROPERATE WITH THIRD PARTY SOFTWARE OR SERVICES. UNLESS YOU HAVE SUBSCRIBED TO A MANAGED SERVICES OFFERING THAT GUARANTEES A PARTICULAR LEVEL OF SERVICE AND/OR A FIXED TERM OF SERVICE (AS EXPLICITLY SPECIFIED IN A SEPARATE AGREEMENT OR A FORMAL OFFERING DESCRIPTION POSTED ON THE WEBSITE, AND THEN ONLY TO THE EXTENT SO SPECIFIED), ALL MANAGED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ARE SUBJECT TO CHANGE OR TERMINATION AT ANY TIME AND FOR ANY REASON WITHOUT NOTICE. YOU ACKNOWLEDGE AND AGREE THAT NO SECURITY MEASURE IS 100% EFFECTIVE, AND THAT YOUR DATA (INCLUDING, WITHOUT LIMITATION, PERSONAL INFORMATION YOU CHOOSE TO INPUT INTO THE LICENSED SOFTWARE AND/OR SERVICE) MAY BE INTERCEPTED OR ACQUIRED BY HACKERS AND OTHER MALICIOUS THIRD PARTIES. WE SHALL NOT BE LIABLE FOR THE ACTIVITIES OF SUCH HACKERS AND OTHER MALICIOUS THIRD PARTIES.

 

6.    EXCLUSION OF DAMAGES AND LIMITATION OF LIABILITY.

 

(a)         TO THE MAXIMUM EXTENT PERMITTED BY LAW (INCLUDING ANY APPLICABLE CONSUMER PROTECTION LAW OF A FOREIGN JURISDICTION), NEITHER SOBRSAFE NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTROLLED OR CONTROLLING ENTITIES, LICENSORS OR LICENSORS’ DISTRIBUTORS (EACH, A “RELEASED PARTY”), WILL HAVE ANY LIABILITY TO YOU OR ANY END USERS FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOST PROFITS, BUSINESS OR REVENUE, LOSS OF GOODWILL OR OTHER ECONOMIC ADVANTAGE, OR LOSS OF PRIVACY) ARISING OUT OF OR RELATED TO THIS EULA, THE LICENSED SOFTWARE OR THE SERVICES, EVEN IF SOBRSAFE OR A RELEASED PARTY HAS BEEN ADVISED OF, OR KNEW OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES.

(b)         IN ADDITION TO THE DISCLAIMERS IN PARAGRAPH 5 ABOVE AND NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY SET FORTH IN THIS EULA, IF YOUR CLAIMED DAMAGES ARISE FROM OR RELATE TO LICENSED SOFTWARE OR SERVICES COVERED BY THIS EULA, THEN, TO THE MAXIMUM EXTENT PERMITTED BY LAW (INCLUDING ANY APPLICABLE CONSUMER PROTECTION LAW OF A FOREIGN JURISDICTION), NEITHER SOBRSAFE NOR ANY RELEASED PARTY WILL HAVE ANY LIABILITY TO YOU OR ANY END USERS FOR DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO THIS EULA, THE LICENSED SOFTWARE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT DAMAGES, EVEN IF SOBRSAFE OR A RELEASED PARTY HAS BEEN ADVISED OF, OR KNEW OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES.

(c)          WITHOUT LIMITING THE SCOPE OR EFFECT OF PARAGRAPH 5 ABOVE, IN NO EVENT WILL SOBRSAFE AND THE RELEASED PARTIES’ TOTAL LIABILITY WITH RESPECT TO ALL CLAIMS ARISING OUT OF OR RELATED TO THIS EULA, THE LICENSED SOFTWARE OR THE SERVICES (INCLUDING CLAIMS OF NEGLIGENCE AND STRICT LIABILITY) EXCEED THE LOWER OF (i) THE AGGREGATE DIRECT DAMAGES ACTUALLY INCURRED BY YOU AND YOUR END USERS.

(d)         SOME JURISDICTIONS LIMIT THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY SET FORTH IN THIS EULA IS UNENFORCEABLE UNDER APPLICABLE LAW, SOBRSAFE AND THE RELEASED PARTIES’ AGGREGATE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

 

7.    TERM AND TERMINATION. The term of this EULA will commence upon acceptance of this EULA as required to access the service and continue for the period specified in your accepted order, unless you and SOBRsafe enter into a new agreement that entirely replaces this EULA or SOBRsafe terminates this EULA as provided herein. Without prejudice to any other rights, SOBRsafe may terminate this EULA immediately on notice to you if you fail to comply with its terms and conditions. If SOBRsafe terminates this EULA, (i) you must immediately stop using the Licensed Software and destroy all copies of the Software and all of its component parts, and (ii) SOBRsafe will have no further obligation to provide any Services being provided to you or any End Users as of the termination date. The parties’ respective rights and obligations will survive the termination or expiration of this EULA. The term of any Services offering to which you subscribe will be extended automatically (contingent on your payment for such Services) for successive periods equal to the duration of the subscription period, and on SOBRsafe standard terms and prices then in effect.

 

8.    ARBITRATION.

 

(a)         Agreement to Arbitrate. This Section 8 is referred to herein as the “Arbitration Agreement.” The parties agree that any and all controversies, claims, or disputes between you and SOBRsafe arising out of, relating to, or resulting from this EULA, shall be subject to binding arbitration pursuant to the terms and conditions of this Arbitration Agreement, and not any court action (other than a small claims court action to the extent the claim qualifies). The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

(b)         Class Action Waiver. THE PARTIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).

(c)          Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures (the “AAA Rules”), as modified by this Arbitration Agreement. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this EULA as a court would, including without limitation, the limitation of liability provisions in Section 6. You may visit http://www.adr.org for information on the AAA and http://www.adr.org/fileacase for information on how to file a claim against SOBRsafe.

(d)         Venue. The arbitration shall be held in Arapahoe County, Colorado or at another mutually agreed location. If the value of the relief sought is $1,000 or less, you or SOBRsafe may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on each party, but subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by either or both parties unless the arbitrator requires otherwise.

(e)         Governing Law. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Colorado, without regard to its conflicts of laws rules, and will honor all claims of privilege recognized by law. The arbitrator shall be bound by rulings in prior arbitrations involving different Licensed Software or Service users but is bound by rulings in prior arbitrations involving you to the extent required by applicable law.

(f)           Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA’s Rules. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees.

(g)         Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.

(h)         Severability. If a court decides that any term or provision of this Arbitration Agreement other than Section 8(b) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of Section 8(b) is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of this EULA will continue to apply.

(i)            Claims. You and SOBRSafe agree that any cause of action arising out of or related to this agreement, the licensed software or the services must commence within 45 days after the cause of action accrues. Otherwise, such cause of action is permanently barred.

 

9.    GENERAL PROVISIONS.

 

(a)        Export Restrictions. You agree to comply with all applicable Laws related to use of the Software and Services and your performance under this EULA. In particular, you acknowledge that the Software is of United States origin, is subject to United States export Laws, and may not be exported or re-exported to certain countries (currently Cuba, Iran, Libya, North Korea, Sudan and Syria) or to persons or entities prohibited from receiving U.S. exports (including Denied Parties, Specially Designated Nationals, and entities on the Bureau of Export Administration Entity List or involved with missile technology or nuclear, chemical or biological weapons). The Software also may be subject to the export, import or other Laws of other countries. You represent that you are eligible to receive favorable treatment under current United States export control Laws, and that you will not use or transfer the Software in violation of any U.S. or foreign Laws or permit others to do so.

(b)         Waiver. No delay or omission by either party to exercise any right or power arising upon the other party’s nonperformance or breach will impair that right or power or be construed as a waiver of it. Any waiver must be in writing and signed by the waiving party. A waiver on one occasion will not be construed as a waiver of any subsequent event of nonperformance or breach.

(c)          Severability. If any provision of this EULA is declared to be unenforceable for any reason, the remainder of this EULA will continue in full force and effect, and the unenforceable provision will be deemed modified to the extent necessary to comply with the applicable requirements of Law, while retaining to the maximum extent permitted by Law its intended effect, scope and economic effect.

(d)         Governing Law. The interpretation and performance of this EULA will be governed by the laws of the state of Colorado, USA, applicable to contracts executed in and performed entirely within Colorado, but excluding any choice of law principles that would result in the application of the laws of another jurisdiction. The parties expressly agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to this EULA.

(e)         Venue. Litigation arising under or related to this EULA will be brought only in the United States District Court for the District of Colorado, or, if federal subject matter jurisdiction is lacking, then in the Colorado state trial court for the division and county in which SOBRsafe’s or its successor’s or assign’s principal office in Colorado is then located. You hereby submit to the personal jurisdiction of these courts and waive all objections to placing venue exclusively before them. The prevailing party in any litigation arising under or related to this EULA, in addition to any other relief granted to it, will be entitled to recover from the losing party its reasonable attorneys’ fees and costs incurred in connection with the litigation. Notwithstanding the foregoing, SOBRsafe acknowledges that the Contract Disputes Act, its implementing regulations and its judicial interpretations may take precedence when the U.S. Government is the party accepting this EULA, if required by law; whenever commercial item protections or other exceptions permit the commercially offered disputes resolution clause to apply, however, it applies in full force.

(f)       Payment and Taxes. You agree to pay all applicable fees and other charges for the Software and Services you acquire. Unless prepaid, all fees and charges are payable in U.S. dollars and are due upon receipt. SOBRsafe may charge a late fee of 1.5% per month or the maximum rate allowable by law, whichever is greater (provided that in no event shall such late fee exceed the maximum rate allowable by law), on any balance remaining unpaid for more than thirty (30) days. Prices are exclusive of all applicable taxes. You agree to pay all taxes (including but not limited to sales, use, excise, and value-added taxes), tariffs, duties, customs fees or similar charges imposed or levied on all Software and Services you acquire.

(g)       Entire Agreement. This EULA and SOBRsafe’s Acceptable Use Policy, SOBRsafe Privacy Statement, Trademark Usage Policy, and product and service descriptions for Software and Services, all of which are accessible on the Web Site and incorporated by reference into this EULA as they may be amended from time to time, set forth the entire agreement between you and SOBRsafe with respect to their subject matter, and they supersede all prior communications, understandings and agreements, as well as the terms and conditions set forth in or on any purchase order, acknowledgement form, check, or any other document or instrument you may issue to SOBRsafe or transmit in connection with any payment for Software or Services.

Nasdaq: SOBR
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