myQ Terms of Use

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Rest of World License Agreement and Terms Of Use
European Economic Area Resident License Agreement and Terms of Use

This version is effective as of January 10, 2023

COMPATIBILITY NOTICE: The MyQ System is compatible with MyQ Hub and Gateways. Your use of certain older and new products may affect compatibility. For confirmation regarding expected compatibility with your devices, check https://www.chamberlain.com/smartphone-control-products/smartphone-connectivity before installation. These Terms govern all issues and rights with respect to compatibility.

IMPORTANT WARNING: TO REDUCE THE RISK OF SERIOUS INJURY OR DEATH, YOU MUST NEVER PERMIT CHILDREN TO ACCESS, USE, OPERATE OR PLAY WITH ANY DEVICE OPERATED BY MyQ OR ANY CONTROLS THEREOF. EXCEPT AS EXPRESSLY PERMITTED BY THESE TERMS OF USE, YOU MUST NEVER USE THE MyQ SYSTEM WHILE DRIVING.

The Chamberlain Group LLC and its subsidiaries (collectively, “CG”) provide Devices, Mobile App, and Software (called “MyQ”) that permit you to communicate with or control services and Devices from CG and third parties, including certain garage door openers, lights and other compatible products by using an Internet-enabled smartphone, tablet or computer.

This License Agreement and Terms of Use (“Terms”), together with other user agreements, where applicable, is a binding legal agreement between you and The Chamberlain Group, Inc.

Please read these Terms carefully. The Terms govern your access to and use of CG’s proprietary MyQ Gateway system (the “MyQ System”). A more complete description of the MyQ System is included as Exhibit A. Before you use or access the MyQ System, or any portion thereof, you must read and accept all of the terms and conditions in, and linked to, these Terms. The term “you,” as used in these Terms, means any person or entity who accesses or uses the MyQ System and any person or entity who creates an Account (as defined below) and accepts these Terms, including Owners, Authorized Users.

Please read these Terms carefully as they contain important information about the use of mandatory binding arbitration to resolve disputes rather than jury trials or group litigation. The mandatory arbitration, waiver or jury trial or wavier of class action under these Terms do not apply to the extent permitted by applicable law.

CG collects information from you or about or related to your use of the MyQ System. A description of CG’s practices related to personal information and other data we collect are included in CG’s Privacy Policy . The Privacy Policy is incorporated by reference into these Terms.

Part I

AGREEMENT TO THE TERMS

1. YOU AGREE TO THESE TERMS EITHER BY (I) CHECKING THE BOX STATING “I AGREE TO THE LICENSE AGREEMENT AND TERMS OF USE”; OR (II) ACCESSING, DOWNLOADING OR USING THE MyQ SYSTEM OR ANY PART OF THE MyQ SYSTEM (SUCH AS A MOBILE APP).

2. IF YOU DO NOT ACCEPT THESE TERMS, THEN CG IS UNWILLING TO PERMIT YOU TO ACCESS OR USE THE MyQ SYSTEM AND CG IS UNWILLING TO GRANT YOU A LICENSE HEREUNDER. IN THAT CASE, YOU:

A. ARE NOT PERMITTED TO INSTALL, COPY, DOWNLOAD OR OTHERWISE USE THE MyQ SYSTEM (OR ANY PORTION THEREOF); AND

B. MUST IMMEDIATELY STOP USING OR ACCESSING THE MyQ SYSTEM, AND DELETE ALL RELATED MOBILE APPS, DEVICE CODE AND OTHER SOFTWARE OR MATERIALS MADE AVAILABLE TO YOU.

If you do not accept these Terms, you may return any new, unused, and uninstalled MyQ- Device (as defined in Exhibit A) to the authorized retailer from which you purchased such Device for a refund of the purchase price you paid.

To qualify for a refund, you must (i) return the Device within the time period required by the applicable retailer (but no later than ninety (90) days after the date of your purchase), (ii) include the original receipt (or a valid copy) and all packaging, documentation and other accompanying items, and (iii) meet all requirements of the applicable retailer’s return policy.

If, and only if, the retailer from which you purchased the Device does not accept product returns under any circumstances, you may contact CG Customer Service at 800-528-5880 (US). In such circumstances, CG may, but will not be obligated to, accept the return of, and issue a refund for, such Device.

Part II

Your Representations And Warranties

1. YOU REPRESENT AND WARRANT THAT YOU ARE

A. 18 YEARS OF AGE OR OLDER,

B. AUTHORIZED TO ENTER INTO THESE TERMS,

C. AUTHORIZED TO ACCESS OR OPERATE THE GARAGE DOOR OPENER(S), LIGHTS OR OTHER PRODUCTS THAT YOU REMOTELY ACCESS THROUGH THE MyQ SYSTEM, AND

D. AGREE TO BE BOUND BY THESE TERMS AND THAT YOU HAVE READ AND UNDERSTOOD THEM.

CG is entitled to rely on your representations, including, without limitation, the representation that you are authorized to use the MyQ System to access or operate a device. Any use or access to the MyQ System by individuals under the age of 13 (or the equivalent minimum age in the jurisdiction in which you reside) is strictly prohibited and is a violation of these Terms. Breaches of your warranty are subject to indemnification under Part IX of these Terms to the extent permitted by law.

2. Electronic Signature and Consent.

A. In accepting these Terms (by, for example, clicking on the “Agree” button), you consent to use electronic communications, electronic records, and electronic signatures (collectively, “Documentation”) rather than paper documents for all purposes in connection with your use of the MyQ System. You agree your electronic signature is the legal equivalent of, and is as valid as, your handwritten signature.

1. You can receive a paper copy of all Documentation (free of charge) by calling CG at 1 (800) 528-9131.

2. To receive Documentation electronically, you need a working email address, PDF software, and a computer or other access device that can access the Internet using a web browser capable of supporting 128-bit, SSL encrypted communications (such as Internet Explorer version 11.0 or higher, Firefox version 4.0 or higher, Chrome 84.0 or higher, or Safari 13.0 or higher).

Part III

License

1.License Granted. Subject to these Terms, CG grants you a non-exclusive, personal, non-transferable, non-sublicensable, limited license, to make personal and non-commercial use of Software and install Mobile Apps solely in connection with your use of a Device (such as a garage door opener) that you are authorized to access and operate (the “License”).

A. This License does not permit you to access or use the MyQ System in connection with any Device that you do not own or whose Owner has not granted you explicit permission to access or operate.

B. You will be permitted to download and use firmware and Software made available by CG for the MyQ System, including certain Mobile Apps. The Mobile Apps may be accessed through Apple App Store and Google Play Store or through different or additional websites later designated by CG (each, a “Site”).

C. You agree that CG (or, if applicable, its licensors) has and will retain all right, title, interest and ownership in the MyQ System and all components thereof (and all modifications, improvements, and derivative works thereof), including any trademarks, copyrights, patents and trade secrets and other intellectual property and proprietary rights with respect thereto or contained therein.

D. CG and its licensors reserve all rights and licenses not expressly granted to you.

E. Except for the License, no license is granted to you under these Terms, whether by implication, waiver or estoppel.

F. CG may from time to time make available new Mobile Apps that work with the MyQ System. Without limiting any restrictions set forth elsewhere in these Terms, the license granted to you for any Mobile App is limited to a non-transferable license to use the Mobile App on any mobile device that you own or control.

G. The Mobile Apps and all other Software used in connection with the MyQ System are licensed, not sold, to you for use only under these Terms. These Terms are a license, and do not constitute a contract for the sale or goods or services. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods , the application of which is expressly excluded.

2.License Fees. CG does not currently charge fees for your access to, or use of, the MyQ System (“License Fees”). CG, however, reserves the right in the future to charge License Fees, including License Fees for new (i) services, (ii) Mobile Apps, or (iii) your continued access to and use of all or certain features or functionalities of the MyQ System. Moreover, third parties whose products or services are compatible with the MyQ System may choose to independently impose a fee, for which you will be solely responsible.

A. License Fees (if any) will be set at the time you are offered the opportunity to procure such services or Mobile Apps or to continue to use or access the MyQ System.

B. In its sole discretion, CG may offer you a free trial period before any License Fee becomes effective. During the free trial period, these Terms apply except as otherwise stated in the promotional materials. Trial subscribers may at any time choose not to continue to a paid Subscription Agreement (as defined below) at the end of the trial period.

C. In the event a License Fee is established, you must enter into a subscription agreement (a “Subscription Agreement”) and pay CG (or its designee) the applicable License Fees. If you do not enter into such Subscription Agreement, if you fail to pay the License Fees or if CG elects, for any reason, not to enter into a Subscription Agreement with you, then the License and your ability to access the MyQ System will automatically terminate at a time determined by CG in its sole discretion.

D. In the event you enter into a Subscription Agreement and wish to terminate the Subscription Agreement and your License, CG, in its sole discretion, may determine the effective date of such termination.

E. If your License has expired or terminated and you desire to reactivate the License and your access to the MyQ System, you may request CG to reactivate the License and such access, provided that you first pay to CG the then-current License Fees (as specified by CG from time to time) for reinstatement of the License and such access. CG may reject such request for any or no reason at its sole discretion.

F. In all instances, you will pay and be responsible for paying any and all sales, use, excise, personal property or other taxes of similar nature levied upon License Fees or your access to or use of the MyQ System (collectively, “Taxes”).

G. If full payment of any License Fees is not received by CG when due or if you do not strictly comply with these Terms, CG may, at its sole discretion, suspend the License and deactivate the Password (defined below) and your access to and use of the MyQ System, (a “Suspension”), without any cure period or any notice to you.

3. Suspension. If you do not access or use the MyQ System for 180 days or more (or such other time period as may be specified by CG from time to time), CG reserves the right to implement a Suspension of your License, account and access to and use of the MyQ System without any notice to you. You may request CG to end such Suspension by contacting CG through the Contact Us section under Part IX below or through your Mobile App and, if required by CG, paying the applicable License Fees specified by CG.

4. Termination.

A. You may terminate the License and your use of the MyQ System without cause at any time, and CG may terminate the License and your use of the MyQ System without cause at any time; however, no refund of License Fees, if any, will be issued to you in connection with any termination .

B. CG may also terminate your access to and use of the MyQ System (as well as the access and use of any person or persons associated with your account) at any time if you fail to pay applicable License Fees or if CG, in its sole discretion, determines in good faith that you have failed to comply with these Terms, or applicable law. Termination will not relieve you of any obligation to pay License Fees or other obligations accrued prior to the effective date of termination.

C. CG reserves the right to modify or discontinue the MyQ System at any time. You agree CG may do so without liability.

5.Use of MyQ System; Disclaimers. The MyQ System is designed to allow to remotely activate garage doors or other barrier operators, lights and/or household appliances that are connected to the MyQ System and to obtain information on the status and usage of and remotely monitor such items (e.g., garage door currently closed; garage door open for 1 hour). More information about supported functionality and capabilities of the MyQ System is available at MyQ Disclaimer .

To the fullest extent permitted by applicable law, you hereby consent to the MyQ System intercepting, recording, retrieving, reviewing, copying, disclosing and using, for purposes of providing the MyQ System, the contents of all telephone, video, wire, oral, electronic and other forms of transmission or communication to which you or your emergency contacts are parties.

IMPORTANT WARNING: TO REDUCE THE RISK OF SERIOUS INJURY OR DEATH, YOU MUST NEVER PERMIT CHILDREN TO ACCESS, USE, OPERATE OR PLAY WITH THE WEB INTERFACES, AUTOMOTIVE INTERFACES, MOBILE APPS OR OTHER PARTS OF THE MyQ SYSTEM, OR ANY CONTROLS THEREOF, AND YOU MUST NEVER USE ANY OPERATOR OR LIGHT CONTROLS OF THE WEB INTERFACES, MOBILE APPS OR OTHER PARTS OF THE MyQ SYSTEM WHILE DRIVING EXCEPT THROUGH AUTOMOTIVE INTERFACES, PROVIDED THAT SUCH USAGE IS PERMITTED BY THE AUTOMOTIVE MANUFACTURER.

You acknowledge and agree as follows:

A.The MyQ System is NOT an “alarm” or security system, and is not intended to function or be used as such. CG does not provide central station or other monitoring of the MyQ System or any items connected to the MyQ System; such monitoring is solely your responsibility. The MyQ System does NOT provide fire, heat, smoke, carbon monoxide, burglar, motion sensor, or other alarm or detection capabilities and must not be used as a substitute for appropriate home safety detectors or equipment or other items required by applicable laws or building codes.

B.You are solely responsible for ensuring that all equipment connected to the MyQ System is correctly and safely installed and maintained in proper working order. CG will have no responsibility or liability whatsoever for any failure or malfunction of any garage door opener or other product or device connected to or activated by the MyQ System, including the Device hardware (e.g., OEM garage door openers, lamps, etc.).

C.You are solely responsible for providing internet connectivity and electric power needed to operate the MyQ System. CG will have no responsibility or liability for interruptions of electric power or internet connectivity, whether localized to you or CG or applicable to the MyQ System as a whole.

D. You understand that usage of the MyQ System through an Automotive Interface may enable occupants of your automobile to use the MyQ System and access one or more features. You are solely responsible for any authorized or unauthorized access to your automobile resulting in usage of MyQ System by another person. CG will have no responsibility or liability whatsoever for property damage, bodily injury, or death caused by or arising from another person’s usage of the MyQ System via an Automotive Interface, including, without limitation, where the automotive manufacturer provides a security feature to reduce the probability of another person gaining access to the MyQ System.

D. The MyQ System may automatically download and install in or on the MyQ System certain updates for the Web Interfaces, Mobile Apps, Device Code or other Software of the MyQ System, AND YOU HEREBY CONSENT TO SUCH DOWNLOADING AND INSTALLATION WITHOUT ANY SEPARATE NOTICE THEREOF FROM CG . You also agree to receive and install such downloads.

F. If you or CG terminates the License or if you allow the License to expire or become subject to Suspension, your data (including any of your data stored on or in connection with the MyQ System) may not be preserved.

G.CG may change the MyQ System at any time without providing you notice and without having any liability to you or any other person or entity. CG may post descriptions of changes to the MyQ System on a Site. If you do not agree with any such changes, your sole and exclusive remedy is to not use the MyQ System. Your continued use of the MyQ System indicates your acceptance of, and agreement to, such changes.

H.You understand that any Software or Devices connected to the internet are subject to inherent risks common to the internet, such as hackers, viruses,and other harmful code and bad actors. CG will have no responsibility or liability for wrongful acts or conduct of any third party committed through use of the internet that may affect you or the MyQ System. You agree that no data transmitted over the CG networks, the internet, or through wireless means is or can be guaranteed to be secure. CG does not guarantee that data submitted or transmitted to CG will be free from unauthorized disclosure, access, misappropriation or intrusion.

I. Because your Device communicates with CG by transmitting information through wireless means and over the internet, the availability of the MyQ System cannot be guaranteed and is also subject to other limitations as may be specified by CG from time to time, including the following restrictions: (a) your Device must be registered with CG through the applicable Site, and the MyQ System must be connected to your registered Device; and (b) the MyQ System may not be available when the internet, your wireless connection or your mobile connection is not working properly.

J. Privacy and video surveillance laws in your jurisdiction may apply to your use of our products and services. You are solely responsible for ensuring that you comply with applicable law when you use our products or services. For example, you may need to display a notice that alerts visitors to your home that you are using our products or services. Capturing, recording or sharing video or audio content that involves other people, or capturing other peoples’ facial feature information, may affect their privacy rights.

K. You understand and agree that you will not use this product to capture the biometric information of any person within the state of Illinois.

Part IV

Third-Party Services and Devices.

1.Use Of Third-Party Devices:If you choose to use the MyQ System with any service or device from anyone other than CG (a “Third-Party Supplier”), you acknowledge and agree that:

A. You authorize CG to (i) perform the actions and (ii) share the information or requests provided to or received by CG in connection with your use of or access to any third-party service or device in connection with the MyQ System. For example, if you use the MyQ System in connection with a voice-enabled command system such as Google’s Assistant, you authorize Google and CG (without the need for further permission from you) to exchange any and all information (including credentials) deemed necessary or appropriate by CG for the execution of voice commands provided through Google’s Assistant.

B. Any communication in connection with the MyQ System, whether to or from a third-party device or software system that you use shall be deemed a communication authorized by you. You agree that CG may provide such Third-Party Suppliers with information regarding your MyQ System. Without limitation, this includes information such as status of the garage door (open or closed).

C. You agree that CG may monitor all interactions (including commands) between you and any Third-Party Supplier in connection with your use of the MyQ System.

D. CG reserves the right in its absolute discretion to (i) decline to communicate with or (ii) stop communicating with any Site (or group of Sites), system or device offered by any Third-Party Supplier. Without limitation, this means that CG may decline to make, or cease making, the MyQ System compatible with the services or devices of any Third-Party Supplier. While CG reserves the right to make any and all decisions regarding communications or compatibility with Third-Party Suppliers without notice, it will attempt to provide advance notice to you if there is no perceived imminent threat to the MyQ System.

E. Use of any device or service offered by a Third-Party Supplier in connection with the MyQ System is subject to both these Terms and the terms and conditions of such Third-Party Supplier.

F. The MyQ System may be used with products or services from Third Party Suppliers that CG did not provide, develop or manufacture. CG has no responsibility or liability (i) for such products or services; (ii) the integration of the MyQ System with such products or services; or (iii) any problems, injuries, losses, or damages caused by or attributable to such products or services.

Part V

Limited Warranty

1. Limited Warranty; Disclaimer.

A. The sole warranty provided by CG with respect to the MyQ System, or portion of the MyQ System or any materials or other items made available by CG (collectively “Materials”) is a limited warranty, only during the period when the License remains in effect and has not been suspended or terminated, to use commercially reasonable efforts to correct or bypass a material defect in the MyQ System, as determined solely by CG based on CG’s then-current published specifications for the MyQ System, subject to these Terms (the “Limited Warranty”). The Limited Warranty does not extend to you unless you have accepted these Terms and remain bound by these Terms. The Limited Warranty is for your benefit only and may not be assigned to or enforced by any other person or entity. The Limited Warranty will not apply to, and CG will have no liability or obligation with respect to, problems or damage resulting from, but not limited to, any of the following: (i) accident, modification, neglect, abuse, careless or incorrect handling, misuse or improper operation, disassembly, misapplication or use in unusual physical environments or under operating conditions not approved by CG (including use of any Device with an improper voltage supply); (ii) problems relating to or residing in non-CG hardware, software or other items with which the MyQ System is used; (iii) use in an environment, in a manner or for a purpose for which the MyQ System was not designed or not in accordance with CG’s published documentation; and (iv) installation, modification, alteration or repair by anyone other than CG or its authorized representatives.

B.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR THE LIMITED WARRANTY WITH RESPECT TO THE MyQ SYSTEM, ALL OF THE MyQ SYSTEM, AND THE MATERIALS THAT ARE OR MAY BE PROVIDED BY CG ARE PROVIDED “AS IS”, WITH ALL FAULTS AND CG HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES OF ANY KIND, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ERROR-FREE OPERATION, ACCURACY, MyQ SYSTEM INTEGRATION, OR QUIET ENJOYMENT, AND ANY WARRANTIES THAT MAY ARISE FROM A COURSE OF CONDUCT, TRADE USAGE OR TRADE PRACTICE. CG DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT (I) THE OPERATION OF THE MyQ SYSTEM, OR ANY WEB INTERFACE, MOBILE APP, DEVICE CODE OR OTHER SOFTWARE, DEVICE, OR PORTION OF THE MyQ SYSTEM, IS OR WILL BE UNINTERRUPTED OR ERROR-FREE OR COMPATIBLE WITH ANY OTHER HARDWARE OR OTHER ITEMS USED BY YOU, (II) ANY DEFECT CAN OR WILL BE CORRECTED OR THAT THE MyQ SYSTEM WILL BE AVAILABLE OR USABLE, OR (III) THE FUNCTIONS CONTAINED IN OR TO BE PROVIDED BY THE MyQ SYSTEM WILL MEET YOUR REQUIREMENTS OR THE REQUIREMENTS OF ANY STATE OR FEDERAL LAW OR BUILDING CODE, INSURANCE REQUIREMENTS, OR SIMILAR REGULATIONS. EXCEPT FOR THE LIMITED WARRANTY, THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT OF THE MyQ SYSTEM, AND THE MATERIALS SHALL BE WITH YOU. CG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE COMPATIBILITY OF THE MyQ SYSTEM WITH ANY THIRD-PARTY DEVICE OR SERVICE AND EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES REGARDING THE COMPATIBILITY, INTERFACE, OR INTEROPERABILITY OF THE MyQ SYSTEM WITH ANY SUCH THIRD PARTY DEVICE OR SERVICE. Some states or other jurisdictions do not allow the exclusion of an implied warranty, so the above disclaimers may not apply to you, and you may have other legal rights that vary by jurisdiction. Where applicable, all implied warranties will be limited to the period during which the License remains in effect and has not been terminated or subject to Suspension.

C. CG is not responsible for any loss of data related to you or provided by you, or for any loss related to downtime associated with the use of the MyQ System, whether through power outage, failure of internet or wireless connectivity, network disruptions, or otherwise.

D. CG from time to time may make announcements about (i) the anticipated release dates of new products or features (either from CG or a third party), and (ii) the anticipated compatibility of such products or features with the MyQ System. You acknowledge and agree that unless such announcement unconditionally and unambiguously states that the announcement is “firm” (using that precise word) the announcement is merely a good faith prediction, is not a warranty or representation, and cannot form a basis for a claim that you relied on such statement with regard to such predicted release date or compatibility.

2.Restrictions on Use. You are not permitted to, and will not, use the MyQ System, with any equipment for which it is not designed (as determined in CG’s sole discretion) or that is not properly installed and in good operating condition. You will not (a) use, or cause or permit any other person or entity to use, the Materials to design, build, market, or sell any similar or substitute product or service, or (b) cause, perform, or permit (i) the copying, decompilation, disassembly, or other reverse engineering of the MyQ System, or any other Materials, (ii) the transferring or purported resale, licensing or sublicensing of the MyQ System or any other Materials, or (iii) the removal, delivery, or exportation of MyQ System or any other Materials, or any other act, in violation of any relevant export laws or regulations. You will use the MyQ System for your own personal purposes only, and not for rent or for hire.

You will: (a) accurately furnish all contact and other information requested by CG and notify CG immediately of any change in such information, including a change in ownership of any Device or any residence at which a Device is installed; (b) properly maintain your Device; (c) not use the MyQ System in violation of any laws, regulation or court order, or for any unlawful or abusive purpose; (d) not use the MyQ System in any manner other than as intended by CG and expressly permitted by these Terms; (e) not use the MyQ System, in any manner that could harm CG, its service providers, its affiliates, or any other person; and (f) strictly comply with these Terms and any other requirements or restrictions requested or imposed by CG from time to time.

Part VII

Sale or Transfer Of Devices

Sale or Transfer of Device and Other Users of Your Device. If you sell or transfer your Device to another person, or you allow another person to use your Device, you will immediately notify such person that the Device is connected to the MyQ System and is subject to these Terms. You will also inform such person of CG’s Privacy Policy .

In addition, if you sell or transfer your Device to another person, you will immediately (i) notify CG of the change in ownership of your Device by contacting CG Customer Service at 800-528-5880 (US) to release the Device from your Account, and (ii) notify such person that (A) he or she must separately register the Device with CG through a Site after you have released the Device from your Account with CG, and agree to these Terms prior to any access to or use of the MyQ System, and (B) such access to and use of the MyQ System are expressly conditioned upon his or her agreement to these Terms, and (C) he or she must pay to CG all applicable License Fees (as may be required by CG from time to time). CG reserves the right to charge a License Fee for any such sale or transfer of any Device.

Part VIII

Operation And Security

1.Operational Information. You will regularly review and are responsible for regularly reviewing the instructions, FAQ and user information available at www.myliftmaser.com or www.mychamberlain.com and ensuring that every authorized user understands how to properly operate the MyQ System and any Mobile Apps.

2.Accounts.To use the MyQ System, you must register for a user account (“Account”) and provide certain information about yourself, as prompted by the registration / sign up form. You represent and agree that (a) the information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the MyQ System will not violate applicable law or regulation.

The individual who creates an Account is the “Owner” of the Account to access the MyQ System. The Account Owner is responsible for the Account and has unlimited access to all information included in the Account. There can only be one (1) account owner of the MyQ System; however, Owners may delegate access to other individuals. Individuals who are authorized to access an Owner’s MyQ System are “Authorized Users” whose ability to access and use the MyQ System (for example, to open a garage door) is based upon the privileges the Owner affords them. There are two types of “Authorized Users.” “Co-Owners” have access to all Account information and management options, except assigning other Owners.” “Guests” have limited access to the MyQ System only for their specific use and may not assign other Authorized Users. Authorized Users may have the ability to view information (including personal information) and content within an Owner’s MyQ System. If you are an Owner and invite or enable a Co-Owner, you acknowledge and agree that the Co-Owner may subsequently invite or enable other Authorized Users. As a result, you should only authorize those individuals whom you trust to access your Account and MyQ Systems.

3. Password and Your Security Obligations.

A.Upon registering for the MyQ System through a Site, you and your Authorized User will be required to select a unique user ID (“ID”) and password (“Password”) to access the MyQ System through the Site or a Mobile App. You will select the initial Password. If you lose your Password, you may request CG to issue to you a randomly generated replacement Password. Upon receipt of such replacement Password, you must immediately access the MyQ System to change such Password to a new Password selected by you. You are encouraged to change your Password regularly and to select a strong password (i.e., 12+ characters and a combination of upper and lower case, symbols (e.g., !@#$%), and numbers)). You are responsible for requesting CG to issue to you a new Password if needed for any reason. Repeated incorrect attempts to log-on may result in deactivation of your Password, in which event you will need to request CG to issue to you a new Password. In the event of a breach of your Password, you shall provide such assistance to CG as may be requested by CG in the investigation of any unauthorized use and any enforcement proceedings in connection therewith.

B.You acknowledge and agree that only one (1) user log-in account for the MyQ System is available for each Device. If you choose to permit others to use your ID for the MyQ System, you will ensure that such other users comply with these Terms and use your e-mail address and Password to log-in to the MyQ System. You will be solely responsible for taking all steps as are necessary or prudent to safeguard your Password. You will be responsible and liable for any use of the MyQ System by any person to whom you make your ID or Password available or to whom you otherwise make available any portion of the MyQ System, as well as for all acts and omissions of others who use your ID (including any person to whom you sell or transfer any Device), whether or not such person’s use of your account or Password was authorized by you.

C.You acknowledge and agree that the MyQ System has multiple security setting options. The MyQ System’s default setting, and CG’s recommendation, is the highest security level setting available on the MyQ System. However, you have the option to set the MyQ System to a lower level of security if you so choose. CG will have no liability for any unauthorized access to or use of the MyQ System, including as a result of your choice of security level settings.

D.You agree that CG may, in CG’s sole discretion, treat as you (or as an authorized user on your account) any person who presents your ID and Password or any other credentials that CG deems sufficient for account access, and CG will be entitled to disclose to such person your account information and permit such person to make changes in the MyQ System. Likewise, CG’s or your termination or Suspension of your account shall apply equally to any person who presents your ID and Password or other credentials.

E. CG may, from time to time, identify vulnerabilities or other bugs in the MyQ System for which we offer a patch or update. You agree to promptly implement and install such patch or update as soon as such patch or update is made available.

F. You agree to not reverse engineer, perform penetration testing, or otherwise attempt to identify vulnerabilities in the MyQ System without our prior written approval. Please contact us at technicalsupport@chamberlain.com to arrange a discussion of your desire to perform any such testing. Your email should provide your contact information and the purposes for such testing. If we do not respond, we will be deemed to have rejected your request.

4.Mobile Apps. CG may make available Mobile Apps that permit the MyQ System to be accessed and operated through smart phones or other mobile devices. Without limiting any restrictions set forth elsewhere in these Terms, the License granted to you for any Mobile App is limited to a non-transferable License to use the Mobile App on any mobile device that you own or control.

A. The Mobile Apps are licensed, not sold, to you for use only under these Terms. This license does not allow you to use the Mobile Apps on any mobile device that you do not own or control, and you may not distribute or make the Mobile Apps available over a network, or where it could be used by multiple devices at the same time. Without limiting any of the other restrictions set forth in these Terms, you may not rent, lease, lend, sell, redistribute or sublicense the Mobile Apps, and you will not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any Mobile Apps, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with any Mobile Apps). Any attempt to do so is a violation of the rights of CG and its licensors. If you breach this restriction or any other terms or conditions of this License, you may be subject to prosecution and damages. These Terms will govern any upgrades provided by CG that replace and/or supplement the original Mobile App, unless such upgrade is accompanied by a separate license designated by CG, in which case the terms of that separate license will govern. CG does not guarantee that the Mobile Apps will be available for, or function in connection with, all smart phones or other mobile devices. The additional content and services associated with a Mobile App may also change at any time in CG’s sole discretion. In order to use such Mobile Apps, you must also purchase an appropriate data plan from your wireless carrier, in addition to paying the applicable License Fees. CG is not responsible for overages or for actions that your wireless carrier may take against you for using data in violation of your wireless carrier’s service terms.

5.Additional Provisions for Mobile Apps. Mobile Apps may contain open source software and/or other modules or code provided by third parties. The terms of Exhibit B attached hereto (and incorporated herein by this reference) form part of these Terms and govern your use of Mobile Apps. For Mobile Apps that you download from the iTunes® Store for use with your Apple Inc. (“Apple”) and from the Google Play Store (“Google”) with your Android mobile device:

A.You agree to the Mobile Apps Terms of Service and you will only use the Mobile Apps solely as permitted by the Usage Rules set forth in the respective Terms of Service (the “Usage Rules”), which you acknowledge you have had the opportunity to review; provided, however, that if these Terms include more restrictive terms than the Usage Rules, then such more restrictive terms will supersede the conflicting terms in the Usage Rules.

B.You acknowledge that these Terms are concluded between you and CG only, and not with Apple or Google, and that CG, not Apple or Google, is solely responsible for the Mobile Apps and the content thereof.

C.You acknowledge that neither Apple nor Google have any obligation whatsoever to furnish any maintenance and support services with respect to the Mobile App.

D.In the event of any failure of any Mobile App to conform to any applicable warranty, you may notify Apple or Google to refund you the purchase price (if any) for the Mobile App and, to the maximum extent permitted by applicable law, Apple or Google will have no other warranty obligation whatsoever with respect to the Mobile App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be CG’s sole responsibility (subject to the qualifications, disclaimers and limitations set forth in these Terms).

E.You acknowledge that (i) in the event of any third-party claim that the Mobile App or your possession and use of the Mobile App infringes that third party’s intellectual property rights, CG, not Apple or Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, and (ii) CG, not Apple or Google, is responsible for addressing any of your claims or those of any third party relating to the Mobile App or your possession and use of the Mobile App, including (A) product liability claims, (B) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement, and (C) claims arising under consumer protection or similar legislation, in each instance, subject to the qualifications, disclaimers and limitations set forth in these Terms (which will not be construed in a manner that would limit CG’s liability beyond the extent permitted by applicable law).

F.You acknowledge and agree that Apple or Google, and their respective subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple or Google will have the right, and will be deemed to have accepted the right, to enforce these Terms against you as a third party beneficiary thereof.

Part IX

General Terms

1.Idea Submission. If you submit to CG a comment, idea, recommendation, suggestion or any other material (“Feedback”) related to the Mobile App, Devices or any other component of the MyQ System (excluding any illegal content), including through a Site or a Mobile App, you irrevocably assign to CG, without further consideration, all of your right, title and interest in and to such Feedback, and all intellectual property rights related thereto, throughout the world. You agree that CG will be entitled to use and implement, and to authorize others to use and implement, such Feedback without restriction and without any obligation of confidentiality, attribution or compensation to you. To the extent that the foregoing is deemed ineffective, you will and hereby do grant to CG (and its successors and assigns) a non-exclusive, perpetual, irrevocable, world-wide, royalty-free, paid-up right and license, with the right to grant sublicenses to others, through multiple levels, to use, sell, offer for sale, make or have made, display, perform, reproduce, modify and create derivative works, import, export, and distribute and otherwise freely exploit the Feedback, in whole or in part, in any and all media, whether alone or together or as part of any material of any kind or nature. Without limiting any of the foregoing, CG will have the right to use, copy, display, perform, distribute, modify and re-format Feedback in any manner that CG may determine. By submitting Feedback, you represent and warrant to CG that (i) you have all necessary rights in and to such Feedback to do so and to provide the foregoing assignments and grants, (ii) none of the Feedback (or the information contained therein) infringes, misappropriates or violates any proprietary, intellectual property or other rights of any other person or entity, or contains any libelous, tortious, or otherwise illegal content.

2. Indemnity and Release; Limitation of Liability

A.To the fullest extent permitted by law, you agree that you will, at your sole cost, indemnify, defend and hold CG, its subsidiaries, and its and their respective distributors, dealers, resellers, providers, suppliers, licensors, officers, directors, employees, agents, independent contractors and representatives (collectively, the “Indemnified Parties”) harmless from and against (1) any and all claims, actions, lawsuits, or other legal action brought by or arising from any third party against any of the Indemnified Parties arising from or resulting from in any manner (i) your and each Authorized User’s access to or use (or the inability to access or use) the MyQ Systems or any portion thereof; (ii) your breach of or other failure to strictly comply with these Terms; (iii) your or your Authorized Users’ violation of any law or rights of third parties (collectively “Claims”) and (2) losses, fines, settlements, fees, costs, damages, and expenses (including attorneys’ fees and costs and expenses of investigation) incurred by, assessed or found against any of the Indemnified Parties from any Claims (collectively “Losses”). YOU HEREBY RELEASE CG AND THE OTHER INDEMNIFIED PARTIES FROM ANY AND ALL CLAIMS, LIABILITIES AND LOSSES IN CONNECTION WITH THE MyQ SYSTEM, INCLUDING CLAIMS FOR PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM THE TOTAL OR PARTIAL FAILURE OF PERFORMANCE OF THE MyQ SYSTEM, EVEN IF SUCH CLAIMS OR LOSSES ARE ARISE FROM THE NEGLIGENCE OF CG OR ANY OTHER INDEMNIFIED PARTY, BREACH OF CONTRACT OR WARRANTY OR THE MALFUNCTION OF THE MyQ SYSTEM, OR OTHER FAULT OR WRONG DOING OF CG OR INDEMNIFIED PARTIES. You agree to cooperate as fully as reasonably required in the defense of any such Claim or Losses. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

B.CG is not assuming responsibility or liability for any losses or damages (including any direct, indirect, special, reliance, incidental or exemplary damages and consequential damages or loss of anticipated profits, attorneys’ fees or economic loss), irrespective of the cause, that may occur even if due to CG’s negligent performance or failure to perform any obligation under these Terms or any other basis. In the event of any breach of these Terms by CG, your sole and exclusive remedy, and CG’s sole and exclusive obligation, will be the refund the applicable License Fee (if any) paid by you for the portion of MyQ System that is the subject of such breach by CG.

C.In the event that, notwithstanding these Terms, CG is held to be liable to you, or any invitees, agents, employees or other person or entity, regardless of the legal theory asserted, whether arising out of contract, extra-contractually or in tort (including actions based on negligence, gross negligence, strict liability, and willful and/or intentional conduct), warranty, indemnity, or other theory of liability and whether related to the design, performance, use, defect or failure of a product or service, then to the maximum extent permitted by applicable law, the limitation of CG’s liability for any and all harm, damages, injury or loss will not exceed, in the aggregate, the greater of $100 or the amount of License Fees (if any) actually paid by you to CG during the twelve (12) month period preceding the last event giving rise to such liability. YOU HEREBY RELEASE CG AND THE OTHER INDEMNIFIED PARTIES FROM, AND WAIVE ALL CLAIMS FOR DAMAGES EXCEEDING THE LIMITS SET FORTH HEREIN FOR ALL HARM, DAMAGES, INJURY OR LOSS INCURRED, INCLUDING ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, COLLATERAL, EXEMPLARY, PUNITIVE, RELIANCE OR SPECIAL DAMAGES (INCLUDING BUSINESS INTERRUPTION OR LOSS OF DATA (DIRECT OR INDIRECT), GOODWILL, PROPERTY DAMAGE, PERSONAL INJURY, DEATH, ATTORNEYS FEES, REPUTATION, REVENUE, OR PROFITS), EVEN IF FORESEEABLE OR THEY WERE ADVISED OR MADE AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES AND REGARDLESS OF WHETHER THE CLAIM IS BASED ON CONTRACT, EXTRA-CONTRACTUAL LIABILITY, TORT (INCLUDING NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, AND WILLFUL AND/OR INTENTIONAL CONDUCT), WARRANTY, INDEMNITY, OR OTHER THEORY OF LIABILITY. This limitation is a material inducement for CG to furnish the MyQ System to you. Some states or other jurisdictions do not allow limitations of liability, so the above limitations may not apply to you, and you may have other legal rights that vary by jurisdiction .

D.TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT NO LAWSUIT OR ANY OTHER LEGAL PROCEEDING CONNECTED WITH THESE TERMS, OR THE MyQ SYSTEM WILL BE BROUGHT OR FILED BY YOU MORE THAN ONE (1) YEAR AFTER THE INCIDENT GIVING RISE TO THE CLAIM OCCURRED.

E.You understand and agree that these Terms, and particularly Part III, Section 9, and this Part IX, Section 2, will (i) apply to and protect the employees, officers, shareholders, parent companies, directors, agents, licensors, representatives, subcontractors, affiliates and assignees of CG and other Indemnified Parties, and (ii) be binding on your heirs, administrators, custodians, trustees, agents and successors.

F. You understand and acknowledge that (i) the Software and Devices that make up the MyQ System are not impenetrable and may be the subject of efforts by others to compromise the security or operation of such MyQ System or to intercept data passing from, to or between components of the MyQ System; and (ii) bad actors may attempt to use or hijack your Device(s) and portions of the Software for harmful or illegal purposes. Should any such acts, compromise or other incident occur, CG’s liability will be limited as provided in this Part IX, Section 2, and CG will have no responsibility or obligation to investigate, remediate, or remedy such acts, compromise, or incident. CG will notify you of an incident to the extent required by applicable law.

4.Compliance with Laws. You acknowledge and agree that you are responsible for ensuring that you comply with any applicable laws when you use the MyQ System. You further remain at all times solely responsible for any access to or use of the MyQ System by or through your ID or Password. 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.

5.Notices. You will address any written notice to CG to The Chamberlain Group, Inc., 300 Windsor Drive, Oak Brook, IL 60523 or another address designated in writing by CG to you. CG will address any written notice to you to your e-mail address provided when activating the MyQ System, and you hereby consent to receive all notices and other communications relating to the MyQ System (so long as you use the MyQ System and for a period of up to 180 days thereafter) at such e-mail address and agree that you are solely responsible for monitoring such e-mail address and updating the e-mail address if necessary.

6.Agreement and Amendment. These Terms are effective upon acceptance by you, supersede all prior agreements relating to the MyQ System, any Site and/or the Mobile Apps, and constitute the entire agreement between you and CG with respect to the subject matter hereof. There are no written or oral understandings that are not fully expressed in these Terms relating to such subject matter.

CG may update these Terms from time to time and will update the top of this page with the date such changes are made and/or when they become effective, and your continued use of the MyQ System indicates your agreement to such changes.

7.Enforcement. These Terms will be governed by the laws of the State of Illinois, without giving effect to any choice or conflict of law provision or rule that would cause laws of another jurisdiction to apply.

If you reside outside the United States, this Section 7 will not deprive you of any mandatory protection you have under the law of the country where you live and, if applicable, any mandatory provision allowing access to the courts in that country.

A.You agree that if any Dispute (as defined below) arises hereunder, either you or CG may demand in writing that the Dispute be arbitrated, in which case you and CG agree that each party will immediately stay any court proceedings and the plaintiff will submit the Dispute to binding arbitration by a single arbitrator under the “Supplementary Procedures for Consumer-Related Disputes” of the American Arbitration Association then in effect, in Chicago, Illinois or in the country (parish) or your billing or registered address. The arbitrator will be either a lawyer admitted to practice law in his or her jurisdiction and with at least ten years’ experience or a retired or former judge selected in accordance with the rules of the AAA. (More information about the AAA can be found at www.adr.org.) If for any reason the AAA cannot hear the Dispute, you agree to proceed before any mutually agreed arbitrator or, if unable to agree, before an arbitrator appointed by the Circuit Court of Cook County, Illinois. Case management and other hearings shall be heard via telephone unless otherwise agreed to. Each party will be entitled to one substitution of arbitrator, without cause, as a matter of right. All arbitration proceedings will be conducted in English. The award will be confidential and only disclosed as is necessary to obtain judgment or as otherwise required by law.

B. For any Dispute (or part of a Dispute) that is not subject to arbitration, YOU AGREE THAT ANY CLAIM WILL BE BROUGHT ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, THEREBY WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION RELATING IN ANY WAY TO A DISPUTE, WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY AND AGREE TO HAVE SUCH MATTER TRIED BY A COURT WITHOUT A JURY. BY ACCEPTING THIS ARBITRATION PROVISION, YOU AGREE TO WAIVE THE RIGHT TO INITIATE OR PARTICIPATE IN A CLASS ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR CONSOLIDATED ARBITRATION IN ANY MATTER ENCOMPASSED BY THIS ARBITRATION PROVISION.

C.Each party will continue to have the following rights: 1) right to file for bankruptcy in court; 2) right to take legal action to enforce the arbitrator’s decision; and 3) right to request that a court of law review whether the arbitrator exceeded its authority. Notwithstanding the foregoing, either party may bring an individual action in small claims court. It also does not preclude either of us from seeking an individualized preliminary injunction or temporary restraining order, pending arbitration, in any court that has jurisdiction. Nor does this arbitration agreement bar you from bringing issues to the attention of federal, state or local agencies.

D. A “Dispute” shall include, but is not limited to any controversy or claim that relates in any way to the MyQ System, the Site, any Web Interface, Device, Device Code or Mobile App or otherwise relates to or arising out of these Terms, and/or any question regarding whether a matter is subject to arbitration under these provisions. The arbitrator’s award will be final and binding on all parties to the arbitration. Either party may enter judgment on the award in any court. If CG is required to enforce these Terms in court, CG will be entitled to its attorneys’ fees and costs incurred in doing so. Nothing in these Terms will give the arbitrator any authority, power, or right to alter, change, amend, modify, add to, or subtract from the provisions of these Terms. The parties agree that this provision will be governed by the Federal Arbitration Act, 9 USC §1 et seq . The words “include,” “includes” and “including” will be deemed to be followed by the phrase “without limitation”. To the extent permitted by applicable law with respect to any judicial action taken, the parties hereby agree to submit to the exclusive personal jurisdiction of state and federal courts situated in Cook County, Illinois.

E. Notice. Our priority is to learn about and address any of your concerns related to these Terms. You agree that you will first notify CG about any Dispute you have regarding these Terms at the contact details provided above. You must first contact us in writing and describe: (a) the nature and basis of the Dispute; and (b) the specific relief sought to give us an opportunity to resolve the Dispute. Once we receive your notice, we will try to resolve the Dispute informally. If we do not reach an agreement to resolve the claim within sixty (60) days from the date such notification is provided, you or we may commence a formal proceeding as provided above.

F. Costs. CG will bear the expense and fees for the arbitrator and other incidental costs (including any filing fees or administration fees) that would not be incurred in a court proceeding. Each party shall otherwise bear the expense of their respective attorneys, experts, and witnesses and other expenses, regardless of who prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.

8. Term and Termination. These Terms will remain in full force and effect so long as you continue to access or use the MyQ System, or until terminated in accordance with the protection of these Terms. Upon termination of these Terms, your right to use the MyQ Systems will automatically terminate.

9. Severability. If any provision of these Terms or the application of any such provision to any person, entity or circumstance shall be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision of these Terms, which will remain in full force and effect, and will be binding upon the parties hereto and their respective heirs, executors, representatives, employees, affiliates, successors, and assigns. The parties intend that all disclaimers of warranties, limitations of liability, and exclusions of damages in these Terms will be upheld and applied to the maximum extent permitted by law.

10.Contact Us. Any questions, complaints or claims regarding these Terms or the MyQ System (including any Mobile App) should be directed to CG at 800-528-5880 (US), 1800-638-234 (AU), 0800 653 667 (NZ).

11.Language. These Terms may be provided in a language other than English as a convenience to you. Notwithstanding the existence of non-English language versions of this Agreement, you agree that the English language version is the only official version and in the event of a conflict between the English version and a version in any other language, the English version governs. MyQ® is a registered trademark of The Chamberlain Group, Inc. All other trademarks are the property of their respective owners.

###

EXHIBIT A

The MyQ System includes:

(A) the web-based and mobile web user interfaces of the MyQ System that may be made available by CG from time to time (“Web Interfaces”),

(B) the mobile device applications that may be made available by CG from time to time for use in connection with other components of the MyQ System (“Mobile Apps”),

(C) the in-car infotainment system or head unit application that may be made available by CG through an automotive manufacturer or supplier (“Automotive Interfaces”)

(D) the firmware, software and functionality that is embedded or contained in, or that may otherwise be provided or accessible by, (1) a CG device accessing the Internet through an Ethernet connection to a router (“Gateway”), (2) a CG Wi-Fi hub device accessing the Internet through a Wi-Fi connection to a router (“Hub”), or (3) any other CG-approved interface device (each of (1)-(3),( a “Device”); such firmware, software and functionality, “Device Code”) for use in connection with your garage door opener or other product that is supported by the CG Gateway and Hub (collectively, the “MyQ System”);

(E) the cloud-based environment hosted by or for CG in connection with your use of the Devices, to the extent intended to be accessible by the Mobile Apps (the “MyQ Cloud”).

The MyQ System includes (i) all Web Interfaces, Mobile Apps, Automotive Interfaces, and Device Code components described above, (ii) the MyQ Cloud, and (iii) any other code, software, apps, or programs made available to you by CG or its affiliates in connection with the Devices ((i), (ii), and (iii), collectively and individually, are “Software”). The MyQ System further includes the Devices described above and all other hardware used by CG and its service providers or agents in connection with providing the MyQ System.

EXHIBIT B

Android Components

1. json 2017

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

The Software shall be used for Good, not Evil.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

2. Azure Notification 0.0.4

Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at

http://www.apache.org/licenses/LICENSE-2.0

Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

3. Appirater 1.3.1

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

4. Fabric 1.1.13

Use of this software is subject to the terms and conditions of the Fabric Terms of Service located at https://fabric.io/licenses .

5. Google Analytics/Firebase 11.6.2

Copyright Google Inc. All Rights Reserved.

Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at

http://www.apache.org/licenses/LICENSE-2.0

6. Android SDK 8.1

Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at

http://www.apache.org/licenses/LICENSE-2.0

7. Glide 4.3.1

License for everything not in third party and not otherwise marked:

Redistribution and use in source and binary forms, with or without modification, are

permitted provided that the following conditions are met:

Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

THIS SOFTWARE IS PROVIDED BY GOOGLE, INC. ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL GOOGLE, INC. OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

The views and conclusions contained in the software and documentation are those of the

authors and should not be interpreted as representing official policies, either expressed

or implied, of Google, Inc.

---------------------------------------------------------------------------------------------

License for third_party/disklrucache:

Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at

http://www.apache.org/licenses/LICENSE-2.0

---------------------------------------------------------------------------------------------

License for third_party/gif_decoder:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

---------------------------------------------------------------------------------------------

License for third_party/gif_encoder/AnimatedGifEncoder.java and

third_party/gif_encoder/LZWEncoder.java:

No copyright asserted on the source code of this class. May be used for any purpose, however, refer to the Unisys LZW patent for restrictions on use of the associated LZWEncoder class. Please forward any corrections to kweiner@fmsware.com.

-----------------------------------------------------------------------------

License for third_party/gif_encoder/NeuQuant.java

NEUQUANT Neural-Net quantization algorithm by Anthony Dekker, 1994. See

"Kohonen neural networks for optimal colour quantization" in "Network: Computation in Neural Systems" Vol. 5 (1994) pp 351-367. for a discussion of the algorithm.

Any party obtaining a copy of these files from the author, directly or indirectly, is granted, free of charge, a full and unrestricted irrevocable, world-wide, paid up, royalty-free, nonexclusive right and license to deal in this software and documentation files (the "Software"), including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons who receive copies from any such party to do so, with the only requirement being that this copyright notice remain intact.

8. Volley 1.0.0

Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at

http://www.apache.org/licenses/LICENSE-2.0

9. Powermock 1.7.3

Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at

http://www.apache.org/licenses/LICENSE-2.0

limitations under the License.

10. Mockito 2.0

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

11. AssertJ 3.8

Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at

http://www.apache.org/licenses/LICENSE-2.0

12. JUnit 4.12

Eclipse Public License - v 1.0

THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.

1. DEFINITIONS

"Contribution" means:

a) in the case of the initial Contributor, the initial code and documentation distributed under this Agreement, and

b) in the case of each subsequent Contributor:

i) changes to the Program, and

ii) additions to the Program;

where such changes and/or additions to the Program originate from and are distributed by that particular Contributor. A Contribution 'originates' from a Contributor if it was added to the Program by such Contributor itself or anyone acting on such Contributor's behalf. Contributions do not include additions to the Program which: (i) are separate modules of software distributed in conjunction with the Program under their own license agreement, and (ii) are not derivative works of the Program.

"Contributor" means any person or entity that distributes the Program.

"Licensed Patents " mean patent claims licensable by a Contributor which are necessarily infringed by the use or sale of its Contribution alone or when combined with the Program.

"Program" means the Contributions distributed in accordance with this Agreement.

"Recipient" means anyone who receives the Program under this Agreement, including all Contributors.

2. GRANT OF RIGHTS

a) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, distribute and sublicense the Contribution of such Contributor, if any, and such derivative works, in source code and object code form.

b) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed Patents to make, use, sell, offer to sell, import and otherwise transfer the Contribution of such Contributor, if any, in source code and object code form. This patent license shall apply to the combination of the Contribution and the Program if, at the time the Contribution is added by the Contributor, such addition of the Contribution causes such combination to be covered by the Licensed Patents. The patent license shall not apply to any other combinations which include the Contribution. No hardware per se is

licensed hereunder.

c) Recipient understands that although each Contributor grants the licenses to its Contributions set forth herein, no assurances are provided by any Contributor that the Program does not infringe the patent or other intellectual property rights of any other entity. Each Contributor disclaims any liability to Recipient for claims brought by any other entity based on

infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, each Recipient hereby assumes sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow Recipient to distribute the Program, it is Recipient's responsibility to acquire that license before distributing the Program.

d) Each Contributor represents that to its knowledge it has sufficient copyright rights in its Contribution, if any, to grant the copyright license set forth in this Agreement.

(e) You are solely responsible for all of your Content. “Content” means all audio, video, images, text, or other types of content captured by our products or provided to us (including content posted by you) in connection with the Services. You represent and warrant that:

(1) you own the intellectual property rights in Content posted by you or otherwise have the right to post the Content and grant the license set forth below, and (b) the posting and use of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person.

(2) You hereby grant CG and its licensees an unlimited, irrevocable, fee free and royalty-free, perpetual, worldwide right to use, distribute, store, delete, translate, copy, modify, display, and create derivative works from such Content that you share through our services for any purpose and in any media format. You shall not use, reproduce, modify, upload, publish, transmit, distribute, display, or otherwise exploit for any purposes whatsoever any Content: (i) not owned by you without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. CG reserves the right, but shall not be obligated, to remove any Content from the services at any time in its sole and absolute discretion. You agree that you will indemnify CG for all claims and resulting from Content you share through our services. If you see Content that you believe violates these Terms, please flag it in the mobile application or report it to us by emailing [INSERT].

(f) CG does not claim ownership of your intellectual property rights in your Content. Other than the rights you grant to us under these Terms, you retain all rights you have in your Content. However, by purchasing or using products and services, you give CG the right, without any compensation or obligation to you, to access and use your Content for the limited purposes of providing services to you, protecting you, improving products and services, developing new products and services, and as otherwise set forth in the Privacy Notice. Additionally, by electing to publicly share your Content via the services to other users or the general public, in addition to the license granted above, you give CG the right, without any compensation or obligation to you, to access and use your Content and related location information for the purposes of publicly sharing such recordings and information with current and future users and allowing those users to comment on the Content. In addition to the rights granted above, you also acknowledge and agree that CG may access, use, preserve and/or disclose your Content to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if we have a good faith belief that such access, use, preservation or disclosure is reasonably necessary to:

(1) comply with applicable law, regulation, legal process or reasonable preservation request; (2) enforce these Terms, including investigation of any potential violation thereof; (3) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of CG, its users, a third party, or the public as required or permitted by law.

Deleted Content may be stored by CG in order to comply with certain legal obligations and are not retrievable without a valid court order.

3. REQUIREMENTS

A Contributor may choose to distribute the Program in object code form under

its own license agreement, provided that:

a) it complies with the terms and conditions of this Agreement; and

b) its license agreement:

i) effectively disclaims on behalf of all Contributors all warranties and

conditions, express and implied, including warranties or conditions of title

and non-infringement, and implied warranties or conditions of merchantability

and fitness for a particular purpose;

ii) effectively excludes on behalf of all Contributors all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost profits;

iii) states that any provisions which differ from this Agreement are offered by that Contributor alone and not by any other party; and

iv) states that source code for the Program is available from such Contributor, and informs licensees how to obtain it in a reasonable manner on or through a medium customarily used for software exchange.

When the Program is made available in source code form:

a) it must be made available under this Agreement; and

b) a copy of this Agreement must be included with each copy of the Program.

Contributors may not remove or alter any copyright notices contained within the Program.

Each Contributor must identify itself as the originator of its Contribution, if any, in a manner that reasonably allows subsequent Recipients to identify the originator of the Contribution.

4. COMMERCIAL DISTRIBUTION

Commercial distributors of software may accept certain responsibilities with respect to end users, business partners and the like. While this license is intended to facilitate the commercial use of the Program, the Contributor who includes the Program in a commercial product offering should do so in a manner which does not create potential liability for other Contributors. Therefore, if a Contributor includes the Program in a commercial product offering, such Contributor ("Commercial Contributor") hereby agrees to defend and indemnify every other Contributor ("Indemnified Contributor") against any losses, damages and costs (collectively "Losses") arising from claims, lawsuits and other legal actions brought by a third party against the Indemnified Contributor to the extent caused by the acts or omissions of such Commercial Contributor in connection with its distribution of the Program in a commercial product offering. The obligations in this section do not apply to any claims or Losses relating to any actual or alleged intellectual property infringement. In order to qualify, an Indemnified Contributor must: a) promptly notify the Commercial Contributor in writing of such claim, and b) allow the Commercial Contributor to control, and cooperate with the Commercial Contributor in, the defense and any related settlement negotiations. The Indemnified Contributor may participate in any such claim at its own expense.

For example, a Contributor might include the Program in a commercial product offering, Product X. That Contributor is then a Commercial Contributor. If that Commercial Contributor then makes performance claims, or offers warranties related to Product X, those performance claims and warranties are such Commercial Contributor's responsibility alone. Under this section, the Commercial Contributor would have to defend claims against the other Contributors related to those performance claims and warranties, and if a court requires any other Contributor to pay any damages as a result, the Commercial Contributor must pay those damages.

5. NO WARRANTY

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely responsible for determining the appropriateness of using and distributing the Program and assumes all risks associated with its exercise of rights under this Agreement, including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.

6. DISCLAIMER OF LIABILITY

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. GENERAL

If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.

If Recipient institutes patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Program itself (excluding combinations of the Program with other software or hardware) infringes such Recipient's patent(s), then such Recipient's rights granted under Section 2(b) shall terminate as of the date such litigation is filed.

All Recipient's rights under this Agreement shall terminate if it fails to comply with any of the material terms or conditions of this Agreement and does not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If all Recipient's rights under this Agreement terminate, Recipient agrees to cease use and distribution of the Program as soon as reasonably practicable. However, Recipient's obligations under this Agreement and any licenses granted by Recipient relating to the Program shall continue and survive.

Everyone is permitted to copy and distribute copies of this Agreement, but in order to avoid inconsistency the Agreement is copyrighted and may only be modified in the following manner. The Agreement Steward reserves the right to publish new versions (including revisions) of this Agreement from time to time. No one other than the Agreement Steward has the right to modify this Agreement. The Eclipse Foundation is the initial Agreement Steward. The Eclipse Foundation may assign the responsibility to serve as the Agreement Steward to a suitable separate entity. Each new version of the Agreement will be given a distinguishing version number. The Program (including Contributions) may always be distributed subject to the version of the Agreement under which it was received. In addition, after a new version of the Agreement is published, Contributor may elect to distribute the Program (including its Contributions) under the new version. Except as expressly stated in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to the intellectual property of any Contributor under this Agreement, whether expressly, by implication, estoppel or otherwise. All rights in the Program not expressly granted under this Agreement are reserved.

This Agreement is governed by the laws of the State of New York and the intellectual property laws of the United States of America. No party to this Agreement will bring a legal action under this Agreement more than one year after the cause of action arose. Each party waives its rights to a jury trial in any resulting litigation.

13. Swipelayout 1.2.0

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

iOS Components

14. AFNetworking 3.1.0

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

15. Crashlytics 3.8.5

Use of this software is subject to the terms and conditions of the Crashlytics Terms of Service and the Crashlytics Privacy Policy located at http://try.crashlytics.com/terms .

16. FLEX 2.4.0

Redistribution and use in source and binary forms, with or without modification,

are permitted provided that the following conditions are met:

Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

Neither the name of Flipboard nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

17. Fabric 1.6.12

Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at

http://www.apache.org/licenses/LICENSE-2.0

18. GoogleAnalytics 3.17.0

19. JASidePanels 1.3.2

https://github.com/gotosleep/JASidePanels

20. JVFloatLabeledTextField 1.2.0

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

21. KeychainSwift 8.0.2

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

22. MultiSelectSegmentedControl 1.1.2

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

23. NKWatchActivityIndicator 0.1.0

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

24. NSTimer-Blocks 0.0.1

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

25. PureLayout 3.0.2

This code is distributed under the terms and conditions of the MIT license.

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

26. Realm 3.3.0

TABLE OF CONTENTS

1. Apache License version 2.0

2. Realm Components

3. Export Compliance

1. -------------------------------------------------------------------------------

Apache License

Version 2.0, January 2004

http://www.apache.org/licenses/

TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION

1. Definitions.

"License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.

"Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.

"Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.

"You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License.

"Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.

"Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.

"Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).

"Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.

"Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution."

"Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.

2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.

3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.

4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:

(a) You must give any other recipients of the Work or Derivative Works a copy of this License; and

(b) You must cause any modified files to carry prominent notices stating that You changed the files; and

(c) You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and

(d) If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License.

You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.

5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.

6. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.

7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.

8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.

9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.

2. -------------------------------------------------------------------------------

REALM COMPONENTS

This software contains components with separate copyright and license terms.

Your use of these components is subject to the terms and conditions of the

following licenses.

For the Realm Platform Extensions component

Realm Platform Extensions License

Redistribution and use in binary form, with or without modification, is permitted provided that the following conditions are met:

1. You agree not to attempt to decompile, disassemble, reverse engineer or otherwise discover the source code from which the binary code was derived. You may, however, access and obtain a separate license for most of the source code from which this Software was created, at http://realm.io/pricing/.

2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

3. Neither the name of the copyright holder nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

3. -------------------------------------------------------------------------------

EXPORT COMPLIANCE

You understand that the Software may contain cryptographic functions that may be subject to export restrictions, and you represent and warrant that you are not (i) located in a jurisdiction that is subject to United States economic sanctions (“Prohibited Jurisdiction”), including Cuba, Iran, North Korea, Sudan, Syria or the Crimea region, (ii) a person listed on any U.S. government blacklist (to include the List of Specially Designated Nationals and Blocked Persons or the Consolidated Sanctions List administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control, or the Denied Persons List or Entity List administered by the U.S. Department of Commerce) (“Sanctioned Person”), or (iii) controlled or 50% or more owned by a Sanctioned Person.

You agree to comply with all export, re-export and import restrictions and regulations of the U.S. Department of Commerce or other agency or authority of the United States or other applicable countries. You also agree not to transfer, or authorize the transfer of, directly or indirectly, of the Software to any Prohibited Jurisdiction, or otherwise in violation of any such restrictions or regulations.

27. Refresher 0.6.1

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

28. SAMKeychain 1.5.2

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

29. SVProgressHUD 2.1.2

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

30. SwiftLint 0.21.0

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

31. TPKeyboardAvoiding 1.3.1

This software is provided 'as-is', without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software.

Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions:

The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required.

Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software.

This notice may not be removed or altered from any source distribution.

32. TrustKit 1.5.1

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

33. UIAlertView-Blocks 1.0

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

34. DOKeyboardHex

DWTFYW TO PUBLIC LICENSE

Version 2, December 2004

Everyone is permitted to copy and distribute verbatim or modified copies of this license document, and changing it is allowed as long as the name is changed.

DWTFYW TO PUBLIC LICENSE TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION

35. TTTAttributedLabel

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

MyQ® LICENSE AGREEMENT AND TERMS OF USE

This version is effective as of January 10, 2023.

IMPORTANT WARNING:TO REDUCE THE RISK OF SERIOUS INJURY OR DEATH, YOU MUST NEVER PERMIT CHILDREN TO ACCESS, USE, OPERATE OR PLAY WITH ANY DEVICE OPERATED BY MyQ OR ANY CONTROLS THEREOF. YOU MUST NEVER USE THE MyQ SYSTEM WHILE DRIVING.

Chamberlain GmbH and its subsidiaries and affiliates (collectively, “CG”) provide devices and software (called “MyQ”) that permit users to communicate with or control services and devices from CG and third parties, including certain garage door openers, lights and other compatible products by using an Internet-enabled smartphone, tablet or computer.

This License Agreement and Terms of Use (“Terms”) is a binding legal agreement between you (the person accepting this agreement) and Chamberlain GmbH. Please read these Terms carefully. The Terms govern your access to and use of CG’s proprietary MyQ gateway system (the “MyQ System”). A more complete description of the MyQ System is included as Exhibit A. Before you may use or access the MyQ System, or any portion thereof, you must read and accept all of the terms and conditions in, and linked to, these Terms.

CG collects information from you or about or related to your use of the MyQ System. A description of CG’s practices related to personal information and other data we collect are included in CG’s Privacy Statement . The Privacy Statement is not incorporated into these Terms.

Part I

AGREEMENT TO THE TERMS

2. IF YOU DO NOT ACCEPT THESE TERMS, CG IS UNWILLING TO PERMIT YOU TO ACCESS OR USE THE MyQ SYSTEM AND CG IS UNWILLING TO GRANT YOU A LICENSE HEREUNDER. IN THAT CASE, YOU:

A. ARE NOT PERMITTED TO INSTALL, COPY, DOWNLOAD OR OTHERWISE USE THE MyQ SYSTEM (OR ANY PORTION THEREOF); AND

B. MUST IMMEDIATELY STOP USING OR ACCESSING THE MyQ SYSTEM, AND DELETE ALL RELATED MOBILE APPS, DEVICE CODE AND OTHER SOFTWARE OR MATERIALS MADE AVAILABLE TO YOU.

If you do not accept these Terms, you may return any new, unused, and uninstalled MyQ-compatible Device (as defined in Exhibit A) to the authorized retailer from which you purchased such Device for a refund of the purchase price you paid.

If, and only if, the retailer from which you purchased the Device does not accept product returns under any circumstances, you may contact CG Customer Service at 800-528-5880 (US) or 0049 6838 907 172 (DE). In such circumstances, CG may, but will not be obligated to, accept the return of, and issue a refund for, such Device.

Part II

Your Representations And Warranties

1. YOU REPRESENT AND WARRANT THAT YOU ARE

A. 18 YEARS OF AGE OR OLDER,

B. AUTHORIZED TO ENTER INTO THESE TERMS,

C. AUTHORIZED TO ACCESS OR OPERATE THE GARAGE DOOR OPENER(S), LIGHTS OR OTHER PRODUCTS THAT YOU REMOTELY ACCESS THROUGH THE MyQ SYSTEM, AND

D. AGREEING TO BE BOUND BY THESE TERMS AND THAT YOU HAVE READ AND UNDERSTOOD THEM.

CG is entitled to rely on your representations, including, without limitation, the representation that you are authorized to use the MyQ System to access or operate a device. Breaches of your warranty are subject to indemnification under Part X of these Terms.

2. Electronic Signature and Consent:

A.In accepting these Terms (by, for example, clicking on the “Agree” button), you consent to use electronic communications, electronic records, and electronic signatures (collectively, “Documentation”) rather than paper documents for all purposes in connection with your use of the MyQ System. You agree your electronic signature is the legal equivalent of, and is as valid as, your handwritten signature.

1. You can receive a paper copy of all Documentation (free of charge) by calling CG at 1 (800) 528-9131.

2. To receive Documentation electronically, you need a working email address, PDF software, and a computer or other access device that can access the Internet using a web browser capable of supporting 128-bit, SSL encrypted communications (such as Internet Explorer version 7.0 or higher, Firefox version 3.0 or higher, Chrome 14.0 or higher, or Safari 5.0 or higher).

Part III

License

1.License Granted. Subject to these Terms, CG grants you a non-exclusive, personal, non-transferable, non-sublicensable, limited license, to use Software and install Mobile Apps solely in connection with your use of a Device (such as a garage door opener) that you are authorized to access and operate (the “License”).

A. This License does not permit you to access or use the MyQ System in connection with any device that you do not own or whose owner has not granted you explicit permission to access or operate.

B. You will be permitted to download and use firmware and software made available by CG for the MyQ System, including certain Mobile Apps. The Mobile Apps may be accessed through Apple App Store and Google Play Store or through different or additional websites later designated by CG (each, a “Site”).

C. You agree that CG (or, if applicable, its licensors) has and will retain all right, title, interest and ownership in and to each Site and the MyQ System and all components thereof (and all modifications, improvements, and derivative works thereof), including any trademarks, copyrights, patents and trade secrets and other intellectual property and proprietary rights with respect thereto or contained therein.

D. CG and its licensors reserve all rights and licenses not expressly granted to you.

E. Except for the License, no license is granted to you under these Terms, whether by implication, waiver or estoppel.

2.License Fees. CG does not currently charge fees for your access to, or use of, the MyQ System (“License Fees”). CG, however, reserves the right in the future to charge License Fees, including License Fees for (i) new services, (ii) new apps, or (iii) your continued access to and use of all or certain features or functionalities of the MyQ System. Moreover, third parties whose products or services are compatible with the MyQ System may choose to independently impose a fee, for which you will be solely responsible.

A. License Fees (if any) will be set at the time you are offered the opportunity to procure such services or apps or to continue to use or access the MyQ System.

B. In its sole discretion, CG may offer you a free trial period before any License Fee becomes effective.

G. If full payment of any License Fees is not received by CG when due or if you do not strictly comply with these Terms, CG may, at its sole discretion, suspend or terminate the License and deactivate the Password (defined below) and your access to and use of the MyQ System, (a “Suspension”), without any cure period or any notice to you.

3. Suspension. If you do not access or use the MyQ System for 180 days or more (or such other time period as may be specified by CG from time to time), CG reserves the right to implement a Suspension of your License, account and access to and use of the MyQ System without any notice to you. You may request CG to end such Suspension by contacting CG through the Contact Us section under Part X below or through your Mobile App and, if required by CG, paying the applicable License Fees specified by CG.

4.Use of MyQ System; Disclaimers. The MyQ System is designed to allow users to remotely activate garage doors or other barrier operators, lights and/or household appliances that are connected to the MyQ System and to obtain information on the status and usage of and remotely monitor such items (e.g., garage door currently closed; garage door open for 1 hour). More information about supported functionality and capabilities of the MyQ System is available at MyQ Disclaimer .

IMPORTANT WARNING: TO REDUCE THE RISK OF SERIOUS INJURY OR DEATH, YOU MUST NEVER PERMIT CHILDREN TO ACCESS, USE, OPERATE OR PLAY WITH THE WEB INTERFACES, MOBILE APPS OR OTHER PARTS OF THE MyQ SYSTEM, OR ANY CONTROLS THEREOF, AND YOU MUST NEVER USE ANY OPERATOR OR LIGHT CONTROLS OF THE WEB INTERFACES, MOBILE APPS OR OTHER PARTS OF THE MyQ SYSTEM WHILE DRIVING.

You acknowledge and agree as follows:

D.The MyQ System may automatically download and install in or on the MyQ System certain updates for the Web Interfaces, Mobile Apps, Device Code or other Software of the MyQ System, and you hereby consent to such downloading and installation without any separate notice thereof from CG. You also agree to receive and install such downloads.

E. If you or CG terminates the License or if you allow the License to expire or become subject to Suspension, your data (including any of your data stored on or in connection with the MyQ System) may not be preserved.

F.CG may change the MyQ System at any time without providing you notice and without having any liability to you or any other person or entity. CG may post descriptions of changes to the MyQ System on a Site. If you do not agree with any such changes, your sole and exclusive remedy is to not use the MyQ System. Your continued use of the MyQ System indicates your acceptance of, and agreement to, such changes.

G.You understand that any Software or Devices connected to the internet are subject to inherent risks common to the internet, such as hackers, viruses,and other harmful code and bad actors. CG will have no responsibility or liability for wrongful acts or conduct of any third party committed through use of the internet that may affect you or the MyQ System. You agree that no data transmitted over the CG networks, the internet, or through wireless means is or can be guaranteed to be secure. CG does not guarantee that data submitted or transmitted to CG will be free from unauthorized disclosure, access, misappropriation or intrusion.

H. Because your Device communicates with CG by transmitting information through wireless means and over the internet, the availability of the MyQ System cannot be guaranteed and is also subject to other limitations as may be specified by CG from time to time, including the following restrictions: (a) your Device must be registered with CG through the applicable Site, and the MyQ System must be connected to your registered Device; and (b) the MyQ System may not be available when the internet, your wireless connection or your mobile connection is not working properly.

Part IV

Third Party Services and Devices.

1.Use Of Third Party Devices:If you choose to use the MyQ System with any service or device from anyone other than CG (a “Third Party Supplier”), you acknowledge and agree that:

A. You authorize CG to (i) perform the actions and (ii) share the information or requests provided to or received by CG in connection with your use of or access to any third party service or device in connection with the MyQ System. For example, if you use the MyQ System in connection with a voice-enabled command system such as Google’s Assistant, you authorize Google and CG (without the need for further permission from you) to exchange any and all information (including credentials) deemed necessary or appropriate by CG for the execution of voice commands provided through Google’s Assistant.

B. Any communication in connection with the MyQ System, whether to or from a third party device or software system that you use shall be deemed a communication authorized by you. You agree that CG may provide such Third Party Suppliers with information regarding your MyQ System. Without limitation, this includes information such as status of the garage door (open or closed).

C. You agree that CG may monitor all interactions (including commands) between you and any Third Party Supplier in connection with your use of the MyQ System.

D. CG reserves the right in its absolute discretion to (i) decline to communicate with or (ii) stop communicating with any site (or group of sites), system or device offered by any third party. Without limitation, this means that CG may decline to make, or cease making, the MyQ System compatible with the services or devices of any Third Party Supplier. While CG reserves the right to make any and all decisions regarding communications or compatibility with Third Party Suppliers without notice, it will attempt to provide advance notice if there is no perceived imminent threat to the MyQ System.

E. Use of any device or service offered by a Third Party Supplier in connection with the MyQ System is subject to both these Terms and the terms and conditions of such Third Party Supplier.

Part V

Limited Warranty

1. Limited Warranty; Disclaimer.

A. The sole warranty provided by CG with respect to the MyQ System, and other Materials (defined below) is a limited warranty, only during the period when the License remains in effect and has not been suspended or terminated, to use commercially reasonable efforts to correct or bypass a material defect in the MyQ System, as determined solely by CG based on CG’s then-current published specifications for the MyQ System, subject to these Terms (the “Limited Warranty”). The Limited Warranty does not extend to you unless you have accepted these Terms and remain bound by these Terms. The Limited Warranty is for your benefit only and may not be assigned to or enforced by any other person or entity. The Limited Warranty will not apply to, and CG will have no liability or obligation with respect to, problems or damage resulting from, but not limited to, any of the following: (i) accident, modification, neglect, abuse, careless or incorrect handling, misuse or improper operation, disassembly, misapplication or use in unusual physical environments or under operating conditions not approved by CG (including use of any Device with an improper voltage supply); (ii) problems relating to or residing in non-CG hardware, software or other items with which the MyQ System is used; (iii) use in an environment, in a manner or for a purpose for which the MyQ System was not designed or not in accordance with CG’s published documentation; and (iv) installation, modification, alteration or repair by anyone other than CG or its authorized representatives.

B.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR THE LIMITED WARRANTY WITH RESPECT TO THE MyQ SYSTEM, ALL OF THE MyQ SYSTEM, AND THE MATERIALS THAT ARE OR MAY BE PROVIDED BY CG ARE PROVIDED “AS IS”, WITH ALL FAULTS AND CG HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES OF ANY KIND, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ERROR-FREE OPERATION, ACCURACY, MyQ SYSTEM INTEGRATION, OR QUIET ENJOYMENT, AND ANY WARRANTIES THAT MAY ARISE FROM A COURSE OF CONDUCT, TRADE USAGE OR TRADE PRACTICE. CG DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT (I) THE OPERATION OF THE MyQ SYSTEM, OR ANY WEB INTERFACE, MOBILE APP, DEVICE CODE OR OTHER SOFTWARE, DEVICE, OR PORTION OF THE MyQ SYSTEM, IS OR WILL BE UNINTERRUPTED OR ERROR-FREE OR COMPATIBLE WITH ANY OTHER HARDWARE OR OTHER ITEMS USED BY YOU, (II) ANY DEFECT CAN OR WILL BE CORRECTED OR THAT THE MyQ SYSTEM WILL BE AVAILABLE OR USABLE, OR (III) THE FUNCTIONS CONTAINED IN OR TO BE PROVIDED BY THE MyQ SYSTEM WILL MEET YOUR REQUIREMENTS OR THE REQUIREMENTS OF ANY STATE OR FEDERAL LAW OR BUILDING CODE, INSURANCE REQUIREMENTS, OR SIMILAR REGULATIONS. EXCEPT FOR THE LIMITED WARRANTY, THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT OF THE MyQ SYSTEM, AND THE MATERIALS SHALL BE WITH YOU. CG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE COMPATIBILITY OF THE MyQ SYSTEM WITH ANY THIRD PARTY DEVICE OR SERVICE AND EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES REGARDING THE COMPATIBILITY, INTERFACE, OR INTEROPERABILITY OF THE MyQ SERVICE WITH ANY SUCH THIRD PARTY DEVICE OR SERVICE. Some states or other jurisdictions do not allow the exclusion of an implied warranty, so the above disclaimers may not apply to you, and you may have other legal rights that vary by jurisdiction. Where applicable, all implied warranties will be limited to the period during which the License remains in effect and has not been terminated or subject to Suspension.

2.Restrictions on Use. You are not permitted to, and will not, use the MyQ System, with any equipment for which it is not designed (as determined in CG’s sole discretion) or that is not properly installed and in good operating condition. You will not (a) use, or cause or permit any other person or entity to use, the MyQ System or portion of the MyQ System or any materials or other items made available by CG (collectively, the “Materials”) to design, build, market, or sell any similar or substitute product or service, or (b) cause, perform, or permit (i) the copying, decompilation, disassembly, or other reverse engineering of the MyQ System, or any other Materials, (ii) the transferring or purported resale, licensing or sublicensing of the MyQ System or any other Materials, or (iii) the removal, delivery, or exportation of MyQ System or any other Materials, or any other act, in violation of any relevant export laws or regulations. You will use the MyQ System for your own personal purposes only, and not for rent or for hire.

Part VII

Sale Of Devices

1.Sale or Transfer of Device and Other Users of Your Device. If you sell or transfer your Device to another person, or you allow another person to use your Device, you will immediately notify such person that the Device is connected to the MyQ System and is subject to these Terms. You will also inform such person of CG’s Privacy Statement .

In addition, if you sell or transfer your Device to another person, you will immediately (i) notify CG of the change in ownership of your Device by contacting CG Customer Service at 800-528-5880 (US) or 0049 6838 907 172 (DE) to release the Device from your account, and (ii) notify such person that (A) he or she must separately register the Device with CG through a Site after you have released the Device from your account with CG, and agree to these Terms prior to any access to or use of the MyQ System, and (B) such access to and use of the MyQ System are expressly conditioned upon his or her agreement to these Terms, and (C) he or she must pay to CG all applicable License Fees (as may be required by CG from time to time). CG reserves the right to charge a License Fee for any such sale or transfer of any Device.

Part VIII

Operation And Security

1.Operational Information. You will regularly review and are responsible for regularly reviewing the instructions, FAQ and user information available at www.myliftmaster.eu or www.chamberlain.eu and ensuring that every authorized user understands how to properly operate the MyQ System, the Site and any Mobile Apps.

2. Password and Your Security Obligations.

A.Upon registering for the MyQ System through a Site, you will be required to select a unique user ID (“ID”) and password (“Password”) to access the MyQ System through the Site or a Mobile App. You will select the initial Password. If you lose your Password, you may request CG to issue to you a randomly generated replacement Password. Upon receipt of such replacement Password, you must immediately access the MyQ System to change such Password to a new Password selected by you. You are encouraged to change your Password regularly and to select a strong password (i.e., 12+ characters and a combination of upper and lower case, symbols (e.g., !@#$%), and numbers). You are responsible for requesting CG to issue to you a new Password if needed for any reason. Repeated incorrect attempts to log-on may result in deactivation of your Password, in which event you will need to request CG to issue to you a new Password. In the event of a security breach of your Password, you shall provide such assistance to CG as may be requested by CG in the investigation of any unauthorized use and any enforcement proceedings in connection therewith.

D.You agree that CG may, in CG’s sole discretion, treat as you (or as an authorized user on your account) any person who presents your ID and Password or any other credentials that CG deems sufficient for account access, and CG will be entitled to disclose to such person your account information and permit such person to make changes in the MyQ System. Likewise, CG’s or your termination or suspension of your account shall apply equally to any person who presents your ID and Password or other credentials.

3.Mobile Apps. CG may make available Mobile Apps that permit the MyQ System to be accessed and operated through smart phones or other mobile devices. Without limiting any restrictions set forth elsewhere in these Terms, the License granted to you for any Mobile App is limited to a non-transferable License to use the Mobile App on any mobile device that you own or control.

4.Additional Provisions for Mobile Apps. Mobile Apps may contain open source software and/or other modules or code provided by third parties. The terms of Exhibit B attached hereto (and incorporated herein by this reference) form part of these Terms and govern your use of Mobile Apps. For Mobile Apps that you download from the iTunes® Store for use with your Apple Inc. (“Apple”) mobile device (“Apple Mobile Apps”):

A.You agree to the iTunes Store Terms of Service and you will only use the Apple Mobile Apps solely as permitted by the Usage Rules set forth in the Apple App Store Terms of Service (the “Usage Rules”), which you acknowledge you have had the opportunity to review; provided, however, that if these Terms include more restrictive terms than the Usage Rules, then such more restrictive terms will supersede the conflicting terms in the Usage Rules.

B.You acknowledge that these Terms are concluded between you and CG only, and not with Apple, and that CG, not Apple, is solely responsible for the Apple Mobile Apps and the content thereof.

C.You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple Mobile App.

D.In the event of any failure of any Apple Mobile App to conform to any applicable warranty, you may notify Apple, and Apple will refund to you the purchase price (if any) for the Apple Mobile App and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple Mobile App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be CG’s sole responsibility (subject to the qualifications, disclaimers and limitations set forth in these Terms).

E.You acknowledge that (i) in the event of any third party claim that the Apple Mobile App or your possession and use of the Apple Mobile App infringes that third party’s intellectual property rights, CG, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, and (ii) CG, not Apple, is responsible for addressing any of your claims or those of any third party relating to the Apple Mobile App or your possession and use of the Apple Mobile App, including (A) product liability claims, (B) any claim that the Apple Mobile App fails to conform to any applicable legal or regulatory requirement, and (C) claims arising under consumer protection or similar legislation, in each instance, subject to the qualifications, disclaimers and limitations set forth in these Terms (which will not be construed in a manner that would limit CG’s liability beyond the extent permitted by applicable law).

F.You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right, and will be deemed to have accepted the right, to enforce these Terms against you as a third party beneficiary thereof.

Part IX

Third Party Services And Devices

1.“Third Party Service” means any service or application provided by any person other than CG that is designed for use with the MyQ System. A “Third Party Product” is any product manufactured by any person other than CG that is designed for use with the MyQ System.

A.If you use a Third Party Service or Third Party Product, you agree that CG may exchange information with such third party, such as (but not limited to) the status of your garage door, lights and any other matter as to which the MyQ System collects data. You also agree that such third party may share similar kinds of information with CG, including, for example, voice-activated instructions that are intended to operate a device compatible with the MyQ System.

B.Your use of any Third Party Service or Third Party Products is subject to these Terms as well as the terms and conditions established by such third party with respect to the applicable Third Party Service or Third Party Product. If you do not accept the terms applicable to a Third Party Service or Third Party Product, do not use that Third Party Service or Third Party Product.

C.When using a Third Party Service or Third Party Product, you are solely responsible for any information you provide to the third party.

D. CG has no responsibility or liability for the performance, non-performance, functionality, or compatibility of any Third Party Services or Third Party Products.

E.Any entity that offers Third Party Services or Third Party Products compatible with the MyQ System may at any time change or discontinue the functionality or features of their Third Party Service or Third Party Product or render such Third Party Service or Third Party Product incompatible with the MyQ System.

Part X

Miscellaneous Terms

2.Termination.

A. You may terminate the License and your use of the MyQ System without cause at any time, and CG may suspend or terminate the License and your use of the MyQ System without cause at any time; however, no refund of License Fees, if any, will be issued to you in connection with any termination .

B. CG may also terminate your access to and use of the MyQ System (as well as the access and use of any person or persons associated with your account) at any time if you fail to pay applicable License Fees or if CG, in its sole discretion, determines that you have failed to strictly comply with these Terms. Termination will not relieve you of any obligation to pay License Fees or other obligations accrued prior to the effective date of termination.

C. CG reserves the right to modify or discontinue the MyQ System at any time. You agree CG may do so without liability.

3. Indemnity and Release; Limitation of Liability.

A.You will, at your sole cost, indemnify, defend and hold CG, its affiliates, and its and their respective distributors, dealers, resellers, providers, suppliers, licensors, officers, directors, employees, agents, independent contractors and representatives (collectively, the “Indemnified Parties”) harmless from and against any and all losses, fines, settlements, fees, costs, damages, and expenses (including attorneys’ fees and costs and expenses of investigation) arising or resulting in any manner from your breach of or other failure to strictly comply with these Terms or from any access to or use of (or the inability to access or use) the MyQ System, or any portion thereof. YOU HEREBY RELEASE CG AND THE OTHER INDEMNIFIED PARTIES FROM ANY AND ALL CLAIMS, LIABILITIES AND LOSSES IN CONNECTION WITH THE MyQ SYSTEM, INCLUDING CLAIMS FOR PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM THE TOTAL OR PARTIAL FAILURE OF PERFORMANCE OF THE MyQ SYSTEM, EVEN IF CAUSED BY THE FAULT OR NEGLIGENCE OF CG OR ANY OTHER INDEMNIFIED PARTY, OR THE MALFUNCTION OF THE MyQ SYSTEM.

E.You understand and agree that these Terms, and particularly Part III, Section 9, and this Part IX, Section 3, will (i) apply to and protect the employees, officers, shareholders, parent companies, directors, agents, licensors, representatives, subcontractors, affiliates and assignees of CG and other Indemnified Parties, and (ii) be binding on your heirs, administrators, custodians, trustees, agents and successors.

F. You understand and acknowledge that (i) the Software and Devices that make up the MyQ System are not impenetrable and may be the subject of efforts by others to compromise the security or operation of such MyQ System or to intercept data passing from, to or between components of the MyQ System; and (ii) bad actors may attempt to use or hijack your Device(s) and portions of the Software as a part of an Internet of Things botnet or for other harmful or illegal purposes. Should any such acts, compromise or other incident occur, CG’s liability will be limited as provided in this Part X, Section 3, and CG will have no responsibility or obligation to investigate, remediate, or remedy such acts, compromise, or incident. CG will notify you of an incident to the extent required by applicable law.

4.Compliance with Laws. You acknowledge and agree that you remain at all times solely responsible for any access to or use of the MyQ System by or through your ID or Password. 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.

License Fees are subject to change (including the imposition of new License Fees) by CG on thirty (30) days’ notice to you, which notice will be deemed delivered to you if sent by CG by electronic mail or by posting on the Site. CG may update these Terms from time to time and will update the top of this page with the date such changes are made and/or when they become effective, and your continued use of the MyQ System indicates your agreement to such changes.

7.Enforcement. These Terms will be governed by the internal laws of the State of Illinois, without regard to choice-of-law principles.

A.You agree that if any Dispute (as defined below) arises hereunder, either you or CG may demand in writing that the Dispute be arbitrated, in which case you and CG agree that each party will immediately stay any court proceedings and the plaintiff will submit the Dispute to binding arbitration by a single arbitrator under the “Supplementary Procedures for Consumer-Related Disputes” of the American Arbitration Association then in effect, in Chicago, Illinois. (More information about the AAA can be found at www.adr.org.) If for any reason the AAA cannot hear the Dispute, you agree to proceed before any mutually-agreed arbitrator or, if unable to agree, before an arbitrator appointed by the Circuit Court of Cook County, Illinois. Each party will be entitled to one substitution of arbitrator, without cause, as a matter of right. For any Dispute (or part of a Dispute) that is not subject to arbitration, YOU AGREE THAT ANY CLAIM WILL BE BROUGHT ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, THEREBY WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION RELATING IN ANY WAY TO A DISPUTE, WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY AND AGREE TO HAVE SUCH MATTER TRIED BY A COURT WITHOUT A JURY.

B.Each party will continue to have the following rights: 1) right to file for bankruptcy in court; 2) right to take legal action to enforce the arbitrator’s decision; and 3) right to request that a court of law review whether the arbitrator exceeded its authority.

C. A “Dispute” is any controversy or claim that relates in any way to the MQ System, the Site, any Web Interface, Device, Device Code or Mobile App or otherwise relates to these Terms, and/or any question regarding whether a matter is subject to arbitration under these provisions. The arbitrator’s award will be final and binding on all parties to the arbitration. Either party may enter judgment on the award in any court. If CG is required to enforce these Terms in court, CG will be entitled to its attorneys’ fees and costs incurred in doing so. Nothing in these Terms will give the arbitrator any authority, power, or right to alter, change, amend, modify, add to, or subtract from the provisions of these Terms. The parties agree that this provision will be governed by the Federal Arbitration Act, 9 USC §1 et seq. The words “include,” “includes” and “including” will be deemed to be followed by the phrase “without limitation”. With respect to any judicial action taken, the parties hereby agree to submit to the exclusive personal jurisdiction of state and federal courts situated in Cook County, Illinois.

8. Severability. If any provision of these Terms or the application of any such provision to any person, entity or circumstance shall be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision of these Terms, which will remain in full force and effect, and will be binding upon the parties hereto and their respective heirs, executors, representatives, employees, affiliates, successors, and assigns. The parties intend that all disclaimers of warranties, limitations of liability, and exclusions of damages in these Terms will be upheld and applied to the maximum extent permitted by law.

9.Contact Us. Any questions, complaints or claims regarding these Terms or the MyQ System (including any Mobile App) should be directed to CG at 800-528-5880 (US) or 0049 6838 907 172 (DE).

10.Language. These Terms may be provided in a language other than English as a convenience to you. Notwithstanding the existence of non-English language versions of this Agreement, you agree that the English language version is the only official version and in the event of a conflict between the English version and a version in any other language, the English version governs. MyQ® is a registered trademark of The Chamberlain Group, Inc. Apple® and iTunes® are registered trademarks of Apple Inc. All other trademarks are the property of their respective owners.

###

EXHIBIT A

The MyQ System includes:

(A) the web-based and mobile web user interfaces of the MyQ System that may be made available by CG or its affiliates from time to time (“Web Interfaces”),

(B) the mobile device applications that may be made available by CG or its affiliates from time to time for use in connection with other components of the MyQ System (“Mobile Apps”),

(C) the firmware, software and functionality that is embedded or contained in, or that may otherwise be provided or accessible by, (1) a CG device accessing the Internet through an Ethernet connection to a router (“Gateway”), (2) a CG Wi-Fi hub device accessing the Internet through a Wi-Fi connection to a router (“Hub”), or (3) any other CG-approved interface device (each of (1)-(3), a “Device”; such firmware, software and functionality, “Device Code”) for use in connection with your garage door opener or other product that is supported by the CG Gateway and Hub (collectively, the “MyQ System”);

(D) the cloud-based environment hosted by or for CG in connection with your use of the Devices, to the extent intended to be accessible by the Mobile Apps (the MyQ Cloud”).

The MyQ System includes (i) all Web Interfaces, Mobile Apps, and Device Code components described above, (ii) the MyQ Cloud, and (iii) any other code, software, apps, or programs made available to you by CG or its affiliates in connection with the Devices ((i), (ii), and (iii), collectively and individually, are “Software”). The MyQ System further includes the Devices described above and all other hardware used by CG and its service providers in connection with providing the MyQ System.

EXHIBIT B

Android Components

36. json 2017

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

The Software shall be used for Good, not Evil.

37. Azure Notification 0.0.4

38. Appirater 1.3.1

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

39. Fabric 1.1.13

Use of this software is subject to the terms and conditions of the Fabric Terms of Service located at https://fabric.io/licenses .

40. Google Analytics/Firebase 11.6.2

41. Android SDK 8.1

Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at

http://www.apache.org/licenses/LICENSE-2.0

42. Glide 4.3.1

License for everything not in third party and not otherwise marked:

Redistribution and use in source and binary forms, with or without modification, are

permitted provided that the following conditions are met:

Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

The views and conclusions contained in the software and documentation are those of the

authors and should not be interpreted as representing official policies, either expressed

or implied, of Google, Inc.

---------------------------------------------------------------------------------------------

License for third_party/disklrucache:

Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at

http://www.apache.org/licenses/LICENSE-2.0

---------------------------------------------------------------------------------------------

License for third_party/gif_decoder:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

---------------------------------------------------------------------------------------------

License for third_party/gif_encoder/AnimatedGifEncoder.java and

third_party/gif_encoder/LZWEncoder.java:

-----------------------------------------------------------------------------

License for third_party/gif_encoder/NeuQuant.java

NEUQUANT Neural-Net quantization algorithm by Anthony Dekker, 1994. See

"Kohonen neural networks for optimal colour quantization" in "Network: Computation in Neural Systems" Vol. 5 (1994) pp 351-367. for a discussion of the algorithm.

43. Volley 1.0.0

Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at

http://www.apache.org/licenses/LICENSE-2.0

44. Powermock 1.7.3

Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at

http://www.apache.org/licenses/LICENSE-2.0

limitations under the License.

45. Mockito 2.0

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

46. AssertJ 3.8

Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at

http://www.apache.org/licenses/LICENSE-2.0

47. JUnit 4.12

Eclipse Public License - v 1.0

1. DEFINITIONS

"Contribution" means:

a) in the case of the initial Contributor, the initial code and documentation distributed under this Agreement, and

b) in the case of each subsequent Contributor:

i) changes to the Program, and

ii) additions to the Program;

"Contributor" means any person or entity that distributes the Program.

"Licensed Patents " mean patent claims licensable by a Contributor which are necessarily infringed by the use or sale of its Contribution alone or when combined with the Program.

"Program" means the Contributions distributed in accordance with this Agreement.

"Recipient" means anyone who receives the Program under this Agreement, including all Contributors.

2. GRANT OF RIGHTS

licensed hereunder.

d) Each Contributor represents that to its knowledge it has sufficient copyright rights in its Contribution, if any, to grant the copyright license set forth in this Agreement.

3. REQUIREMENTS

A Contributor may choose to distribute the Program in object code form under

its own license agreement, provided that:

a) it complies with the terms and conditions of this Agreement; and

b) its license agreement:

i) effectively disclaims on behalf of all Contributors all warranties and

conditions, express and implied, including warranties or conditions of title

and non-infringement, and implied warranties or conditions of merchantability

and fitness for a particular purpose;

ii) effectively excludes on behalf of all Contributors all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost profits;

iii) states that any provisions which differ from this Agreement are offered by that Contributor alone and not by any other party; and

When the Program is made available in source code form:

a) it must be made available under this Agreement; and

b) a copy of this Agreement must be included with each copy of the Program.

Contributors may not remove or alter any copyright notices contained within the Program.

Each Contributor must identify itself as the originator of its Contribution, if any, in a manner that reasonably allows subsequent Recipients to identify the originator of the Contribution.

4. COMMERCIAL DISTRIBUTION

5. NO WARRANTY

6. DISCLAIMER OF LIABILITY

7. GENERAL

48. Swipelayout 1.2.0

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

iOS Components

49. AFNetworking 3.1.0

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

50. Crashlytics 3.8.5

Use of this software is subject to the terms and conditions of the Crashlytics Terms of Service and the Crashlytics Privacy Policy located at http://try.crashlytics.com/terms .

51. FLEX 2.4.0

Redistribution and use in source and binary forms, with or without modification,

are permitted provided that the following conditions are met:

Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

Neither the name of Flipboard nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

52. Fabric 1.6.12

Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at

http://www.apache.org/licenses/LICENSE-2.0

53. GoogleAnalytics 3.17.0

54. JASidePanels 1.3.2

https://github.com/gotosleep/JASidePanels

55. JVFloatLabeledTextField 1.2.0

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

56. KeychainSwift 8.0.2

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

57. MultiSelectSegmentedControl 1.1.2

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

58. NKWatchActivityIndicator 0.1.0

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

59. NSTimer-Blocks 0.0.1

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

60. PureLayout 3.0.2

This code is distributed under the terms and conditions of the MIT license.

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

61. Realm 3.3.0