End User License Agreement

AIR METHODS END USER LICENSE AGREEMENT

Effective Date: June 17, 2026

This End User License Agreement ("EULA") is a binding agreement between Air Methods, LLC ("Licensor," "we," "us," or "our," and which may also hereinafter refer to one or more of its affiliates) and You ("You" or "Licensee"). This EULA governs Your access to and use of the flight request software application (including all related documentation, the "Application" or "App"), which facilitates the request and coordination of air medical transport services.

LICENSOR PROVIDES THE APPLICATION SOLELY ON THE TERMS AND CONDITIONS SET FORTH IN THIS EULA AND ON THE CONDITION THAT YOU ACCEPT AND COMPLY WITH THEM. BY ACCESSING OR USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS EULA—INCLUDING THE BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER SET FORTH IN SECTION 17—TOGETHER WITH OUR PRIVACY POLICY, OUR CCPA PRIVACY NOTICE, OUOR NOTICE OF HIPAA PRIVACY PRACTICES, AND OTHER POLICIES ON OUR WEBSITE AND ALL LOCATED AT https://www.airmethods.com/privacy-policy/ (COLLECTIVLEY, THE "PRIVACY POLICY"), WHICH ARE INCORPORATED HEREIN BY REFERENCE; (B) ACCEPT THIS EULA AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS; AND (C) REPRESENT AND WARRANT THAT: (I) YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (II) YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS EULA ON BEHALF OF YOURSELF AND ON BEHALF OF YOUR ORGANIZATION OR EMPLOYER AND BIND YOU AND YOUR ORGANIZATION OR EMPLOYER TO ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT USE THE APPLICATION.

THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION (SECTION 17.2) AND A CLASS ACTION WAIVER (SECTION 17.3). BY ACCEPTING THIS EULA, YOU AGREE TO RESOLVE DISPUTES WITH LICENSOR THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS OR REPRESENTATIVE PROCEEDINGS. SEE SECTION 17 FOR DETAILS, INCLUDING YOUR RIGHT TO OPT OUT WITHIN THIRTY (30) DAYS.

1. License Grant and Scope

Subject to Your compliance with the terms and conditions of this EULA, Licensor hereby grants to You a limited, non-exclusive, non-transferable, revocable license to access, use, and run the Application and any Content and Services made available in or otherwise accessible through the Application, solely for Your internal business purposes on computers, tablets, smartphones, and other internet-connected devices (each, a "Device") owned or leased, and controlled by, You or Your organization or employer strictly in accordance with this EULA and the terms of use applicable to the Content and Services (as defined in Section 8) as set forth therein. Licensor reserves the right to modify, suspend, or discontinue the Application, the Website, and any Content and Services, in whole or in part, and Your access thereto, at any time and for any reason, with or without notice, and without liability to You. When accessed as a mobile application downloaded to a smartphone or tablet (a "Mobile Device"). The Application is designed to facilitate the request, coordination, and tracking of air medical transport services. The license granted herein does not confer any right to receive air medical transport services, nor does it guarantee the availability, scheduling, or completion of any flight or transport.

2. User Accounts and Eligibility

To access certain features of the Application, You may be required to create a user account ("Account"). You agree to provide accurate, current, and complete information during the registration process and to keep such information updated. You are solely responsible for maintaining the confidentiality of Your Account credentials and for all activities that occur under Your Account. You agree to notify Licensor immediately of any unauthorized use of Your Account or any other breach of security. Licensor reserves the right to suspend or disable Your Account at any time if Licensor believes, in its sole discretion, that Your Account has been compromised or is being used in violation of this EULA. Licensor shall not be liable to You or any third party for any suspension or disabling of Your Account.

The Application is available to authorized personnel of hospitals, emergency medical services agencies, dispatch centers, and other healthcare or emergency services organizations. The Application is not intended for use by individuals under the age of 18. By registering for an Account or using the Application, You represent and warrant that You are at least 18 years of age, that You are authorized by Your organization or employer to access and use the Application in connection with air medical transport services, and that You meet any and all required standards for professional licensure and competency. Licensor provides the licenses set forth herein in reliance on such warranties and representations of Your authorization. Licensor reserves the right to verify Your credentials and to suspend or terminate Your Account if any representation is found to be inaccurate.

3. Third-Party Materials

The Application may include software, content, data, or other materials, including related documentation, that are owned by persons or entities other than Licensor and that are provided to Licensee on license terms that are in addition to and/or different from those contained in this EULA ("Third-Party Licenses"). You are bound by and shall comply with all Third-Party Licenses. Your breach of any Third-Party License is also a breach of this EULA.

4. Use Restrictions; Confidentiality

4.1 Use Restrictions

You shall not, and shall not permit any third party to, directly or indirectly: (a) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application, Content and Services, or any part thereof; (b) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application, Content and Services, or any part thereof; (c) remove, delete, alter, or obscure any trademarks or any copyright, patent, or other intellectual property or proprietary rights notices provided on or with the Application or Content and Services; (d) copy or replicate the functionality of the Application or Content and Services, in whole or in part; (e) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application or the Content and Services; (f) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, including the Content and Services, to any third party for any reason; (g) use the Application for purposes of competitive analysis of the Application, the development of a competing software product or service, or any other purpose that is to the Licensor's commercial disadvantage; (h) use the Application to transmit any data or information that is unlawful, harmful, threatening, abusive, or otherwise objectionable; (i) use the Application as a substitute for emergency 911 services or as the sole means of requesting emergency medical assistance; (j) use the Application in any manner that could interfere with, disrupt, or negatively affect any third party's use of the Application or the servers and networks connected thereto; (k) use the Application to access or collect data from the Application using automated means (including bots, scrapers, or spiders) without Licensor's prior written consent; or (l) use or publish any of Licensor’s, its affiliates, or its or their third party service providers’ trademarks, tradenames, logos, copyrighted materials, or other intellectual property for any purposes whatsoever without the owner’s prior written consent in each case. Upon our request, You shall provide all requested information sufficient for Licensor to conduct an audit of Your use of the Application and Website, and compliance with this EULA, including all policies, protocols, recordings, communications, and related data and documentation.

4.2 Confidentiality

All non-public, confidential, or proprietary information ("Confidential Information"), including, but not limited to, any software, code, configurations, modules, trade secrets, specifications, designs, plans, drawings, documents, data, business operations, training materials, video, audio, content, displays, data, research, organizational details, and third party confidential information disclosed by Licensor to You or included on the Application and Website, whether disclosed orally or disclosed or accessed in written, electronic, or other form or media, and whether or not marked or otherwise identified as “confidential,” in connection with this EULA, the Application, or the Content and Services is confidential, solely for Your use in accessing and using the Application permitted herein and may not be disclosed or otherwise used. You shall immediately notify Licensor upon receiving a request for Confidential Information, investigation notice, or similar inquiry by a governmental authority, and You shall not disclose any Confidential Information to such entity without our prior written consent, unless prohibited by applicable law. You agree to use a reasonable degree of care to secure and protect the Confidential Information.

5. Reservation of Rights; Feedback

You acknowledge and agree that the Application is provided under license, and not sold, to You. You do not acquire any ownership interest in the Application under this EULA, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions under this EULA. Licensor, and its licensors and service providers, reserve and shall retain their entire right, title, and interest in and to the Application and the Content and Services, including all copyrights, trademarks, and other intellectual property and proprietary rights therein or relating thereto, except as expressly granted to You in this EULA. If You provide Licensor with any suggestions, ideas, enhancement requests, recommendations, or other feedback regarding the Application ("Feedback"), You hereby assign to Licensor all right, title, and interest in and to such Feedback, and Licensor shall be free to use, disclose, reproduce, license, and otherwise exploit the Feedback in any manner, without obligation, restriction, or compensation to You.

6. Updates

Licensor may from time to time in its sole discretion develop and provide updates to the Application, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Licensor has no obligation to provide any Updates or to continue to provide or enable the Application, the Website, the Content and Services, or any particular features or functionality thereof. Based on Your Device settings, when Your Device is connected to the internet, either (a) the Application will automatically download and install all available Updates, or (b) You may receive notice of or be prompted to download and install available Updates. This Section 6 applies to all Updates, including Updates to the App on Your Mobile Device. You agree to promptly download and install all Updates and acknowledge that the Application or portions thereof may not properly operate should You fail to do so. You further acknowledge that You may not be able to use the Application or access certain Content and Services until You have installed the latest Update. All Updates will be deemed part of the Application and subject to this EULA. Licensor may offer services and features that are in pre-release, beta, preview or similar trial form ("Beta Services"). This means that they may not be suitable for production use and are provided “as-is” and without any warranties. Licensor is not responsible for Your use of or reliance on Beta Services and is not obligated to provide any indemnity for their use. Licensor’s entire liability related to Beta Services is limited to five hundred dollars ($500.00).

7. Data, Privacy, and Protected Health Information

7.1 Information Collection and Privacy Policy

You acknowledge that when You use the Application, Licensor and its service providers may use automatic means (including cookies and web beacons) to collect information about You, Your Device, Your employer, Your communications, Your title, Your location, Your use of the Application and Website, and other information You input into the Application or Website. You may also be required to provide certain information about Yourself as a condition of using the Application or certain of its features. All information Licensor collects through or in connection with the Application is subject to our Privacy Policy and this EULA, and may be visible to and shared with hospitals, medical providers, medical transport providers, service providers, government authorities, our affiliates and related entities, and other users of the Content and Services, including Your employer. By using, and providing information to or through this Application, You consent to all actions taken by Licensor with respect to Your information in compliance with the Privacy Policy and this EULA. To the extent that any term set forth in the Privacy Policy conflicts with a term set forth in this EULA, the term set forth in this EULA will govern.

7.2 Licensee Data Ownership and License

By and between You and us, You or Your organization or employer, as applicable, owns all right, title, and interest in and to, or You have a license to, any information, data, and other content, in any form or medium, that You enter into, upload, transmit, or otherwise provide through the Application (collectively, "Licensee Data"), excluding any Licensor Data (as defined below), and You represent that You are authorized to upload or otherwise provide the Licensee Data to the Application. By uploading or otherwise providing Licensee Data to the Application, You authorize Licensor to access, receive, collect, store, process, transmit, maintain, license, and possess the Licensee Data. You hereby grant to Licensor, its affiliates, and its and their service providers a perpetual, irrevocable, non-exclusive, sublicensable, royalty-free, fully paid-up, worldwide license, surviving any termination or expiration of this EULA, to reproduce, distribute, create derivative works from, and otherwise use and display the Licensee Data and perform all acts with respect to any such data as may be reasonably required or useful for Licensor to (i) provide, audit, configure, test, or improve the Application, including the Content and Services, (ii) as permitted by law, or (ii) aggregate, de-identify, and/or anonymize certain Licensee Data so it does not meet the definition of personal information (the resulting data set to be "Licensor Data") and may be used in its aggregated, de-identified, and/or anonymized form, in Licensor's or its affiliates' sole discretion, in the course of Licensor's and/or its affiliates' business operations. Licensor will not attempt to or actually re-identify any previously aggregated, de-identified, or anonymized Licensor Data. You acknowledge and agree that we and our service providers may collect, record, and store voice, text, video, and other communications through the Application and Website, and we may use and store such data for any purposes as permitted by law, including, without limitation by using automated and machine learning tools.

7.3 Data Security, Storage, and Retrieval

Licensor shall maintain commercially reasonable administrative, physical, and technical safeguards, as determined by Licensor in its reasonable judgment, designed to protect Licensee Data against unauthorized access, use, or disclosure. Notwithstanding the foregoing, You acknowledge that no method of electronic transmission or storage is completely secure, and Licensor does not guarantee the absolute security of Licensee Data. Licensor's sole obligation under this Section 7.3 is to maintain the commercially reasonable safeguards described herein, and Licensor will not be responsible for any unauthorized access, destruction, damage, loss, or failure to store any Licensee Data that occurs despite the maintenance of such safeguards, or that is beyond its reasonable control, or that results from Your failure in data transmission or operation of the Application.

You shall be solely responsible for all (i) Licensee Data that You input into the Application, (ii) the storage, backup, and retrieval of Licensee Data, including the creation of back-up records of all Licensee Data, and (iii) all consents, authorizations, and approvals required in order to enter, upload, or provide Licensee Data to Licensor. All Licensee Data must be in compliance with this EULA and applicable law. You have the sole responsibility for the accuracy, completeness, quality, and integrity of Licensee Data.

Upon receiving Your written request no more than one time per twelve (12) month period and subject to applicable law, Licensor may provide You with reasonable access to Licensee Data stored within the Application in a reasonable format to be determined by Licensor. Upon termination of this EULA, Licensor may, at Your written request made within thirty (30) days following termination and at Your sole cost and expense, make available to You a copy of Licensee Data in a standard electronic format. Notwithstanding termination, Licensor may retain Licensee Data as required by applicable law or for legitimate business purposes (including legal defense, regulatory compliance, and analytics), and Licensor's rights with respect to Licensor Data shall survive termination in perpetuity. After such thirty (30) day period or upon Licensor’s sole determination that it will not provide the requested information, Licensor shall have no obligation to maintain or provide any Licensee Data and may thereafter delete or destroy all copies of Licensee Data in its systems or otherwise in its possession or control, unless prohibited by applicable law. Licensee may be responsible for reimbursing Licensor for its costs and expenses related to the provision of such Licensee Data, at Licensor’s sole discretion. Notwithstanding anything to the contrary herein, nothing in this EULA obligates Licensor to retain Licensee Data for any manner other than as required by applicable law.

7.4 Protected Health Information; Medical Necessity; Third Party Responders

The parties hereto acknowledge that the coordination of air medical transport services may involve the transmission of Protected Health Information ("PHI") within the meaning of the Health Insurance Portability and Accountability Act of 1996, as amended ("HIPAA"). You and we are expected to provide, access, or store, process, transmit, and disclose, PHI and other personally identifiable health information in order to use and provide the Application, respectively. Notwithstanding the foregoing, the Application is not intended to serve as a repository for medical records, clinical notes, or other PHI.

You acknowledge and agree that: (a) You shall not enter, upload, transmit, or otherwise provide PHI through the Application except to the minimum extent strictly necessary for the coordination of air medical transport services and only in compliance with applicable law; (b) to the extent You transmit PHI through the Application, You do so at Your own risk and shall be solely responsible for obtaining all necessary patient authorizations, consents, and approvals required under applicable law; (c) You shall implement and maintain appropriate administrative, physical, and technical safeguards to protect against the unauthorized access, use, or disclosure of PHI through or in connection with the Application; and (d) You agree to provide Licensor with prompt notice of, and use all commercially reasonable efforts to mitigate the effects of, any unsuccessful or successful security incident related to PHI. Within ten (10) days of Licensor’s request (email or verbal sufficient), You shall provide Licensor (or the patient who is the subject of the PHI if requested by Licensor) with the following, in a format reasonably determined by Licensor at Your sole cost and expense: (i) copies of the requested PHI; (ii) the requested accounting of PHI; and (iii) the requested amendments to the PHI.

If You request emergency air transport services, You warrant and represent that the transport is Medically Necessary (defined below) and is being requested by an authorized first responder or physician. A request is considered "Medically Necessary" whenever a receiving physician or hospital accepts the patient and the referring physician, hospital, or first responder determines that air medical transport services and a higher level of care or specialty service is in the patient’s best interest and medically necessary.

You agree keep us informed of the current location of any other third parties which may be responding to a request for air medical transport services or a scene where our air medical transport services is requested to respond. You agree not to submit redundant or duplicative requests for the same air medical transport services or breach any of the request protocols set forth by Licensor, which may be updated from time to time. You are solely responsible for communicating and coordinating with any receiving facilities as to the current status of Your request for air medical transport services, provided, however, that You shall not make any representations on behalf of Licensor or related to the Application. You acknowledge and agree that this EULA is not an agreement between You and receiving facilities, other requestors, or any other third parties.

You acknowledge and agree that Licensor may not be a registered public safety answering point ("PSAP"), and is not obligated to notify or dispatch medical, fire, or police assistance and that Licensor shall have no liability for failing to do so. You assume all risk related to coordinating and communicating with registered PSAPs as required for emergency responses.

You are entirely responsible and liable for any and all air medical transport services call orders You request (each, a "Call Order"), and Licensor expressly disclaims any and all responsibility and liability therefor. You warrant and represent that the requested Call Order is provided in the best interest of patient care, and is in compliance with all local, state, and federal statutes, laws, and regulations. By following Your requested Call Order, we in no way endorse, confirm, or make any warranties or representations as to the compliance, suitability, or viability of the Call Order. You acknowledge and agree that Licensor may be subject to contractual obligations with respect to call orders which may conflict with Your requested Call Order, in which case, Licensor may not be able to comply with Your requested Call Order.

7.5 No Business Associate Relationship; No Referral Contingency

Licensor is a Covered Entity (as defined under HIPAA) and does not act as a Business Associate (as defined under HIPAA) with respect to any PHI You may transmit through the Application unless and until as required by law and pursuant to a separate Business Associate Agreement ("BAA") executed between You and Licensor. If at any time You discover You have input or transmitted PHI or any other personally identifiable information into the Application in violation of this EULA, You shall promptly notify Licensor of the facts and circumstances relating to such event. If Licensor independently becomes aware that PHI has been mistakenly input or transmitted into the Application, Licensor shall use commercially reasonable efforts to notify You; provided, however, that nothing in this Section shall impose upon Licensor any obligation to actively monitor Licensee Data for the misuse or unauthorized disclosure of PHI. For the avoidance of doubt, Licensor shall have no liability for any use, disclosure, or exposure of such PHI or personally identifiable information occurring prior to its deletion.

You and we agree that the benefits to each party hereunder do not require, are not payment for, and are in no way contingent upon the admission, referral, or any other arrangement for the provision of any item or service offered by either party hereto in any facility, controlled, managed, or operated by any party hereto. You expressly acknowledge and agree that You have been and will continue to comply fully with all federal, state, and local laws, rules, and regulations. It is not the purpose nor is it a requirement of this EULA to offer or receive any remuneration or benefit of any nature or to solicit, require, induce, or encourage the referral of any patient, the payment for which may be made in whole or in part by Medicare, Medicaid or other payor. No payment made or received under this EULA is in return for the referral of patients or in return for the purchasing, leasing, ordering, or arranging for or recommending the purchasing, leasing, or ordering of any goods, service, item, or product for which payment may be made in whole or in part under Medicare, Medicaid or other payor. No party hereto shall make or receive any payment that would be prohibited under state or federal law.

7.6 Legal Compliance

You represent and warrant that You will comply with all applicable federal, state, and local laws, rules, and regulations in connection with Your use of the Application and the provision of any Licensee Data, including without limitation HIPAA, the Health Information Technology for Economic and Clinical Health Act ("HITECH"), 42 C.F.R. Part 2 (governing the confidentiality of substance use disorder patient records), applicable state privacy and data breach notification laws, and the Federal Aviation Administration's regulations governing air medical transport services operations. You further represent and warrant that You are not currently excluded, debarred, suspended or otherwise ineligible to participate in any federal or state health care programs or procurement or non-procurement programs nor are You in danger of such exclusion, debarment, suspension, or other ineligibility.

8. Content and Services

The Application may provide You with access to Licensor's website (the "Website") and products and services accessible thereon, and certain features, functionality, and content accessible on or through the Application may be hosted on the Website or which Licensor provides to You in any media (collectively, "Content and Services"). Licensor reserves the right to modify, suspend, or discontinue the Website, the Content and Services, or any portion thereof, at any time and for any reason, with or without notice, and without liability to You. Your access to and use of such Content and Services are governed by this EULA and Privacy Policy. Your access to and use of such Content and Services may require You to acknowledge Your acceptance of this EULA and Privacy Policy and/or to register with the Website, and Your failure to do so may prevent You from accessing or using certain of the Application's features and functionality.

9. Third-Party Disclaimers

The Application depends on and interacts with products, services, systems, and personnel provided by third parties. Licensor does not develop, operate, control, employ, endorse, or supervise any such third parties, and makes no representations or warranties regarding their availability, accuracy, reliability, qualifications, or performance. Licensor's integration with, display of, or reference to any third-party product, service, or provider does not constitute an endorsement or guarantee. All third-party products and services are subject to such third parties' own terms, conditions, and policies. Without limiting the generality of Sections 14 and 15, the foregoing applies to each of the following:

9.1 Telecommunications and Internet Services; System Requirements

The Application requires internet connectivity to function. Air medical transport services requests transmitted through the Application are dependent on third-party telecommunications infrastructure that may be unavailable or unreliable, particularly in remote or rural areas. Licensor does not provide and is not responsible for any telecommunications, internet, or wireless services required to access or use the Application. In order to function as-intended, the Application and Website further require minimum hardware and internet capabilities and standards as set forth by Licensor, for which You are entirely responsible. Licensor may change such minimums from time to time in its sole discretion. Licensor shall not be responsible or liable in any manner for Your failure to adhere to such minimums and expressly disclaims all responsibility and liability therefor.

9.2 Third-Party Scene Responders and Receiving Facilities

The Application may facilitate coordination with third-party scene responders (including EMS personnel, fire departments, law enforcement, and other first responders) and may display information regarding receiving facilities (including hospitals, trauma centers, and specialty care centers). All such information is for informational purposes only based on information provided by third parties, and which may be inaccurate, incomplete, or delayed. Licensor is not responsible for the acts, omissions, qualifications, response times, capabilities, capacity, staffing, or quality of care of any third-party scene responder or receiving facility.

9.3 Integrated Systems

The Application may integrate with or transmit data to and from third-party systems and service providers (collectively, "Third-Party Systems"), including but not limited to: (a) Epic Systems Corporation ("Epic") and/or Oracle Health (formerly Cerner) electronic health record systems; (b) computer-aided dispatch systems operated by Motorola Solutions, Inc. or its affiliates, including systems used by 911 and emergency dispatch agencies; and (c) other electronic health record, patient care, dispatch, communication, or operational systems as may be integrated from time to time. Licensor is not responsible for any errors, failures, incompatibilities, data transmission delays, data corruption, downtime, data loss, or security vulnerabilities arising from or related to any Third-Party Systems. The availability and functionality of any integration with Third-Party Systems is dependent upon the continued cooperation and technical support of such third parties, and Licensor makes no representations or warranties that such integrations will remain available, uninterrupted, or error-free. Licensor’s integration or compatibility with Third-Party Systems does not represent Licensor’s endorsement of, or warranty or representation for, the usability, merchantability, functionality, compatibility with, reliability, security, or any other condition of any Third-Party Systems, all of which are expressly disclaimed.

10. Operational Disclaimers

The Application is a logistics coordination tool only and all information displayed therein is provided for informational purposes only. Licensor is not a common carrier, contract carrier, or public utility, and nothing in this EULA shall be construed to impose upon Licensor any duty to accept, perform, or complete any air medical transport services request. Licensor reserves the sole and absolute right to decline any request for any reason or no reason. You acknowledge and agree that no contract for air medical transport services is formed hereunder, and that all request communications from Licensor are subject to change, including, without limitation, for flight safety, staffing, weather, and mechanical reasons. To the fullest extent permitted by applicable law, You (and, to the extent You are acting on behalf of Your organization or employer, such organization or employer) assume all risks associated with requesting, coordinating, or facilitating air medical transport services through the Application, including risks associated with rotorcraft or fixed-wing aircraft operations, adverse weather, turbulence, mechanical failure, emergency landings, personal injury, illness, death, and other aviation-related hazards. You represent and warrant that You have the authority to bind Your organization or employer to this assumption of risk.

10.1 Tracking Data, Location Information, and Time Estimates

The Application may display maps, geographic data, aircraft positions or tracking information, aviation weather data, and estimated times of dispatch, travel, or arrival ("ETAs") for aircraft, ground units, or other transport resources. Such information is derived from third-party satellite, cellular, and telemetry systems (including satellite networks, GPS receivers, ADS-B transponders, onboard tracking devices, and third-party weather data providers) and is provided for informational purposes only. You acknowledge and agree that:

(a) All mapping, geographic, tracking, and location information—including real-time or near-real-time aircraft positions—are approximations only and may be inaccurate, incomplete, or delayed due to GPS signal limitations, satellite visibility or orbital positioning issues, signal obstruction or interference, atmospheric conditions, terrain, onboard equipment malfunction, cellular network coverage gaps, data transmission latency, or limitations inherent in third-party data sources;

(b) All ETAs and other time estimates (including estimated dispatch times, en route times, and arrival times) are approximations only, are not guaranteed, and are subject to change without notice based on weather, air traffic control, mechanical issues, crew availability, patient acuity, scene conditions, Federal Aviation Administration ("FAA") regulations, and other factors beyond Licensor's control;

(c) The Application may use algorithms that compare aircraft telemetry data against flight plans, and such processing is entirely dependent upon the accuracy, completeness, and timeliness of underlying third-party data feeds, and Licensor is not responsible for errors, omissions, or lateness of any tracking, location, alerting, or weather information;

(d) All aviation weather information, forecasts, radar imagery, and weather threshold alerts are derived from third-party sources and Licensor makes no representation or guarantee as to their timeliness, completeness, or accuracy, and weather threshold advisories, if any, are determined by configuration settings and Licensor is not responsible for errors in such settings or the advisory information generated therefrom;

(e) You are advised to continuously monitor the delay time of tracking and location information depicted in the Application to evaluate its currency, and You shall not rely on any data displayed in the Application for time-critical clinical or flight-related decisions without independent verification through direct communication with dispatch or flight crew personnel; and

(f) The Application is not certified for safety-of-flight decisions, aircraft traffic control, or aircraft dispatch under any applicable aviation law or regulation, and any use of the Application for such purposes is strictly prohibited.

You assume the entire risk related to Your use of tracking, location, weather, and time-estimate information displayed in the Application.

10.2 Flight Operations

You acknowledge that all flight operations conducted in connection with air medical transport services requests made through the Application are subject to the sole and absolute discretion of the pilot-in-command and the air medical transport services operator's operational control personnel. Flight operations are governed by FAA regulations (14 C.F.R. Parts 91 and 135), applicable safety management system protocols, and the professional judgment of flight crews. The Application does not override, supplement, or replace any flight operations decision-making authority.

10.3 Redundant Systems and Communication Methods; Alerts

The Application should not be the only system You rely on to evaluate the location and operations of aircraft, and should not be used as the sole or exclusive means of requesting or coordinating air medical transport services. The Application should be one part of a comprehensive suite of redundant tools used for flight monitoring, weather assessment, communications, and operational decision-making. You are solely responsible for maintaining redundant communication methods (including telephone, radio, and direct contact with dispatch centers) and for using such methods to confirm all critical transport requests and communications. Your failure to maintain or use redundant systems or communication methods shall not give rise to any claim against Licensor. You are solely responsible for monitoring the Application for communications from Licensor, ensuring Your equipment and system have sufficient capabilities and are appropriately configured to notify You of such communications (including audible and visual notifications), and Licensor shall not be responsible in any manner for Your failure to receive updates, messages, alerts, calls, or other communications from Licensor.

10.4 Specialty Teams and Capabilities

The Application may provide information regarding the availability of specialty transport teams, including but not limited to neonatal, pediatric, cardiac, and critical care teams. You acknowledge that the availability of specialty teams is subject to change without notice based on staffing, crew schedules, concurrent missions, and other factors. Licensor makes no representation or warranty that any particular specialty team or capability will be available at the time of a transport request.

10.5 No Medical Advice

Nothing in the Application or the Content and Services constitutes medical advice, diagnosis, or treatment. The Application is a logistics coordination tool and does not replace the independent professional judgment of qualified medical personnel. All decisions regarding flight safety remain the sole responsibility of the pilot-in-command.

11. Consent to Electronic Communications

By creating an Account or using the Application, You consent to receive communications from Licensor electronically, including via email, push notifications, in-App messages, notices posted on the Website, VOIP or telephone calls, and other similar methods. You agree that all agreements, notices, disclosures, and other communications that Licensor provides to You electronically satisfy any legal requirement that such communications be in writing. You may opt out of non-essential push notifications through Your Device settings, but You acknowledge that opting out of certain notifications may impair the functionality of the Application, including the receipt of time-sensitive transport status updates.

12. Geographic Restrictions

The Content and Services are provided for access and use only by persons and entities located in the United States. You acknowledge that You may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If You access the Content and Services from outside the United States, You are responsible for compliance with local laws.

13. Term and Termination

(a) The term of this EULA and the license granted hereunder commences when You access the Application and will continue in effect until terminated by You or Licensor as set forth in this Section 13.

(b) Licensor may terminate this EULA at any time for any reason or no reason upon written notice to You, and may terminate this EULA immediately without notice if (i) any agreement under which the Application is being provided to You is terminated, (ii) Licensor discontinues or ceases to support the Application, the Website, the Content and Services, or any portion thereof (which Licensor may do at any time in its sole discretion, with or without notice), (iii) You breach this EULA, or (iv) Licensor is required to do so under applicable law.

(c) Upon termination of this EULA, all rights granted to You under this EULA shall also terminate, and You must immediately cease using the Application and delete all copies of the Application from Your Devices. Sections 4, 5, 7, 9, 10, 14, 15, 16, 17, 18, 19, 20, and 21 shall survive any termination or expiration of this EULA.

14. Disclaimer of Warranties

THE APPLICATION AND CONTENT AND SERVICES ARE PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LICENSOR, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, LICENSOR PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. LICENSOR DOES NOT WARRANT OR GUARANTEE THE CONTINUED AVAILABILITY OF THE APPLICATION, THE WEBSITE, THE CONTENT AND SERVICES, OR ANY FEATURES OR FUNCTIONALITY THEREOF, AND SHALL HAVE NO LIABILITY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUATION THEREOF. THE SPECIFIC DISCLAIMERS SET FORTH IN SECTIONS 9 AND 10 ARE INCORPORATED HEREIN BY REFERENCE AND FORM PART OF THIS DISCLAIMER OF WARRANTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW:

(a) IN NO EVENT WILL LICENSOR OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY OF THE FOLLOWING, WHETHER ARISING OUT OF OR IN CONNECTION WITH THIS EULA, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT LICENSOR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: LOST REVENUES OR PROFITS; DELAYS, INTERRUPTION, OR LOSS OF SERVICES, BUSINESS, OR GOODWILL; LOSS OR CORRUPTION OF DATA; LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION, OR SHUTDOWN; FAILURE TO ACCURATELY TRANSFER, READ, OR TRANSMIT INFORMATION; SYSTEM INCOMPATIBILITY; BREACHES IN SYSTEM SECURITY; ANY MODIFICATION, SUSPENSION, OR DISCONTINUATION OF THE APPLICATION, THE WEBSITE, OR THE CONTENT AND SERVICES; ANY MATTER DISCLAIMED UNDER SECTIONS 9 OR 10 OF THIS EULA; OR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.

(b) IN NO EVENT WILL LICENSOR'S AND ITS AFFILIATES', INCLUDING ANY OF ITS OR THEIR RESPECTIVE LICENSORS' AND SERVICE PROVIDERS', COLLECTIVE AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS EULA OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, EXCEED ONE HUNDRED DOLLARS ($100.00). FOR THE AVOIDANCE OF DOUBT, THE LIMITATIONS SET FORTH IN THIS SECTION 15 SHALL NOT LIMIT YOUR INDEMNIFICATION OBLIGATIONS UNDER SECTION 16.

THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE FORM OF ACTION AND WHETHER SUCH DAMAGES WERE FORESEEABLE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

16. Indemnification

16.1 Indemnification by You

You shall indemnify, defend, and hold harmless Licensor and its affiliates, and their respective officers, directors, employees, agents, successors, and assigns (collectively, "Licensor Indemnitees") from and against any and all claims, actions, lawsuits, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) (collectively, "Losses") arising out of or relating to: (a) Your or Your organization's or employer's use of or inability to use the Application or any Content and Services; (b) Your or Your organization's or employer's breach of any representation, warranty, or obligation under this EULA; (c) Your or Your organization's or employer's violation of any applicable law, rule, or regulation, including without limitation HIPAA, HITECH, or any other privacy or data protection law; (d) Your or Your organization's or employer's negligence or willful misconduct; (e) any claim by a patient, patient's family, or any third party arising from or related to air medical transport services requested through the Application; (f) any unauthorized or improper transmission of PHI or other personally identifiable information through the Application; or (g) any claim arising from Your or Your organization's or employer's failure to maintain or use redundant communication methods as described in Section 10.3.

16.2 Indemnification Procedures

Licensor shall provide You with prompt written notice of any claim for which indemnification is sought; provided, however, that failure to provide such notice shall not relieve You of Your indemnification obligations. Licensor reserves the right, at Your sole cost and expense (including reasonable attorneys' fees, expert fees, and all related costs), to assume the exclusive defense and control of any matter for which You are required to indemnify Licensor, and You agree to cooperate with Licensor's defense of such claims. You shall not settle any claim without Licensor's prior written consent if such settlement would impose any obligation or liability on, or require any admission by, any Licensor Indemnitee.

17. Dispute Resolution

17.1 Governing Law

This EULA shall be governed by and construed in accordance with the laws of the State of Colorado without giving effect to any conflicts of law provisions.

17.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL. BY AGREEING TO THIS EULA, YOU ARE AGREEING TO RESOLVE MOST DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT.

Except as set forth in Section 17.4 below, any dispute, claim, or controversy arising out of or relating to this EULA or the Application, including the determination of the scope or applicability of this EULA to arbitrate (each, a "Dispute"), shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules as then in effect. The arbitration shall be conducted by a single neutral arbitrator with experience in technology licensing and healthcare regulatory matters, selected in accordance with the AAA's rules. The arbitration shall take place in Denver, Colorado, unless the parties mutually agree otherwise or the arbitrator determines that such venue would impose an undue hardship on the claimant, in which case the arbitration may be conducted remotely. The arbitrator shall have the authority to award any relief that would be available in a court of competent jurisdiction, including injunctive or declaratory relief, but only to the extent necessary to provide relief warranted by the individual claim. The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court having jurisdiction thereof. Each party shall bear its own costs, fees, and attorneys' fees in connection with the arbitration; provided, however, that the arbitrator may, in its discretion, award reasonable costs and attorneys' fees to the prevailing party, or as applicable law requires.

17.3 Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. BY AGREEING TO THIS EULA, YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

YOU AND LICENSOR AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class, collective, or representative proceeding. If a court or arbitrator determines that this class action waiver is unenforceable as to a particular claim or request for relief, then the parties agree that such claim or request for relief shall be severed and proceed in a court of competent jurisdiction located in Denver, Colorado, rather than in arbitration.

17.4 Exceptions to Arbitration

Notwithstanding Section 17.2, Licensor may seek injunctive or other equitable relief in a court of competent jurisdiction located in Denver, Colorado to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights, copyrights, trademarks, trade secrets, confidentiality obligations, data security obligations, or other proprietary rights, without the necessity of posting bond or proving actual damages. Additionally, claims within the jurisdiction of a small claims court in Denver, Colorado may be brought in such court in lieu of arbitration.

17.5 Statute of Limitations

To the fullest extent permitted by applicable law, any claim or cause of action arising out of or relating to this EULA or the Application must be filed within one (1) year after such claim or cause of action arose, regardless of any statute of limitations to the contrary, except where applicable law prohibits shortening the limitations period for such claim. Any claim or cause of action not filed within such one (1) year period is permanently barred.

17.6 Waiver of Jury Trial

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND LICENSOR EACH IRREVOCABLY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS EULA OR THE APPLICATION. THIS WAIVER APPLIES WHETHER OR NOT THE ARBITRATION PROVISION IN SECTION 17.2 IS FOUND UNENFORCEABLE OR INAPPLICABLE TO A PARTICULAR DISPUTE.

17.7 Opt-Out Right

You have the right to opt out of the binding arbitration and class action waiver provisions set forth in Sections 17.2 and 17.3 by sending written notice of Your decision to opt out to Licensor at 5500 S. Quebec St., Ste. 300, Greenwood Village, CO 80111, Attn: Privacy Officer, within thirty (30) days after You first accept this EULA. Your notice must include Your name, mailing address, and a clear statement that You wish to opt out of the arbitration and class action waiver provisions. If You timely opt out, neither You nor Licensor will be required to arbitrate Disputes, and all Disputes shall be resolved exclusively in the state or federal courts located in Denver, Colorado, and You hereby consent to the personal jurisdiction of and venue in such courts. For the avoidance of doubt, opting out of arbitration does not opt You out of the jury trial waiver set forth in Section 17.6.

18. Force Majeure

Licensor will not be responsible or liable to You, or deemed in default or breach hereunder, by reason of any failure or delay in the performance of its obligations hereunder where such failure or delay is due to strikes, labor disputes, civil disturbances, riot, rebellion, invasion, epidemic, pandemic, quarantine restrictions, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, cyberattack, ransomware, distributed denial-of-service attack, or other malicious interference with Licensor's systems or networks, fluctuations or non-availability of electrical power, heat, light, air conditioning, or Your equipment, loss and destruction of property, adverse weather conditions, FAA-imposed restrictions, air traffic control delays, temporary flight restrictions, or any other circumstances or causes beyond Licensor's reasonable control.

19. Modification of Terms

Licensor reserves the right to modify this EULA at any time in its sole discretion. Modifications are effective upon posting the revised EULA on the Website or within the Application and updating the "Effective Date" above. You are responsible for periodically reviewing this EULA for changes. Your continued use of the Application following the posting of a revised EULA constitutes Your acceptance of such changes. If You do not agree to the revised EULA, You must discontinue use of the Application.

20. Mobile App Terms

20.1 Apple App Store Terms

The following additional terms and conditions apply to Your use of the App on an Apple, Inc. ("Apple") iOS-powered Device. You and Licensor acknowledge that this EULA is concluded between You and Licensor only, and not with Apple, and that Apple is not responsible for the App or the content thereof. You agree that Your license to use the App is limited to the Apple iOS Device that You own or control and that Your use of the App shall be subject to the usage rules set forth in Apple's then-current App Store Terms of Service. You and Licensor acknowledge that Apple shall have no obligation to provide maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, You may contact Apple and Apple will refund the purchase price for the App to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. You and Licensor acknowledge that Apple shall have no responsibility for addressing any claims by You or any third party relating to the App or Your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation. If a third party claims that the App or Your possession and use of the App infringes a third party's intellectual property rights, Apple is not responsible for the investigation, defense, settlement, or discharge of any such intellectual property infringement claim. You agree to comply with all applicable third-party terms of agreement when using the App. You and Licensor acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this EULA. Upon Your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against You as a third-party beneficiary thereof.

20.2 Google Play Store Terms

The following additional terms and conditions apply to Your use of the App downloaded from the Google Play Store. You and Licensor acknowledge that this EULA is concluded between You and Licensor only, and not with Google LLC or any of its affiliates ("Google"), and that Google is not responsible for the App or the content thereof. Your use of the App must comply with Google's then-current Google Play Terms of Service (the "Play ToS"). You and Licensor acknowledge that Google has no obligation to provide maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, Google shall have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty shall be the sole responsibility of Licensor, subject to the disclaimers set forth in Section 14 and the limitations set forth in Section 15. You and Licensor acknowledge that Google shall have no responsibility for addressing any claims by You or any third party relating to the App or Your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation. If a third party claims that the App or Your possession and use of the App infringes a third party's intellectual property rights, Google is not responsible for the investigation, defense, settlement, or discharge of any such intellectual property infringement claim. You acknowledge and agree that Google, as a provider of the Google Play Store through which the App is distributed, is an intended third-party beneficiary of this EULA solely with respect to the provisions of this EULA that directly concern the App, and solely for the purpose of enabling Google to enforce its rights with respect thereto. You acknowledge that Google may automatically deliver updates to the App, and that Google may, irrespective of Your update settings, force updates that address critical security vulnerabilities or critical operability issues. You further acknowledge that Google may, in its sole discretion, remove the App from Your Device, block installation of the App, or disable access to the App if Google determines that the App is harmful to devices, data, or users, or otherwise violates the Play ToS or applicable law. Google's exercise of any such right is independent of Licensor, and Licensor shall have no liability to You for any action taken by Google with respect to the App or Your access thereto.

20.3 Epic Community Distribution Terms

The following additional terms apply to Your use of the Application to the extent the Application incorporates materials or services provided by Epic or is distributed to Epic's healthcare organization customers (the "Epic Community") pursuant to Epic's Vendor Services Developer Agreement (the "Epic Developer Agreement"). To the extent of any conflict between this Section 20.3 and any other provision of this EULA, this Section 20.3 shall control.

(a) Verification Rights. You shall have the right, through reasonable means and no more than once per twelve (12) month period, upon at least thirty (30) days' prior written notice to Licensor, to verify Licensor's compliance with the Epic Developer Agreement as it relates to the Application. Any information obtained through such verification shall be treated as confidential. Licensor will reasonably cooperate with You during any verification process; provided, however, that Licensor shall not be required to disclose trade secrets, proprietary technical information, or information relating to other customers or licensees. Licensor will cover Your reasonable and documented costs associated with the verification process if You discover any material non-compliance by Licensor with the Epic Developer Agreement.

(b) Intellectual Property Indemnification by Licensor. Notwithstanding anything to the contrary in this EULA, Licensor shall indemnify, defend, and hold harmless You and Your organization or employer from and against any third-party claims that the provision of the Application, or Your use of the Application in accordance with this EULA, infringes (or causes, induces, or otherwise leads You to infringe) any third-party intellectual property or proprietary right (each, an "IP Claim"); provided, however, that Licensor shall have no obligation under this Section 20.3(b) to the extent an IP Claim arises from: (i) Your modification of the Application; (ii) Your combination of the Application with products, services, or technology not provided by Licensor; or (iii) Your use of the Application other than in accordance with this EULA. Licensor's obligations under this Section 20.3(b) are conditioned upon You providing Licensor with prompt written notice of any IP Claim, reasonable cooperation in the defense thereof, and sole control over the defense and settlement of any IP Claim; provided that Licensor shall not settle any IP Claim in a manner that imposes any obligation or liability on You without Your prior written consent. Licensor shall pay all damages finally awarded against You (or agreed to in settlement) arising from any IP Claim; provided that Licensor's total aggregate liability under this Section 20.3(b) to any individual Licensee shall not exceed five hundred dollars ($500.00). In addition to paying such damages, Licensor may, at its sole option and expense: (I) procure for You the right to continue using the Application; (II) modify the Application to make it non-infringing; or (III) replace the Application with a functionally equivalent non-infringing alternative. You shall use commercially reasonable efforts to mitigate any damages arising from an IP Claim, including by ceasing use of any infringing component if directed by Licensor.

(c) Disclosure to Epic. You acknowledge and agree that Licensor may be required to provide to Epic, upon Epic's request, a copy of the portion(s) of this EULA that address the obligations set forth in this Section 20.3, accompanied by an attestation that this EULA does not otherwise diminish the substance of such obligations. You agree not to object to or prohibit such disclosure by Licensor or by You to Epic.

(d) No Diminishment. No other provision of this EULA shall be construed to diminish the substance of the obligations set forth in this Section 20.3, including without limitation the indemnification provisions set forth in Section 16; provided, however, that except as expressly set forth in Section 20.3(b), the limitations of liability set forth in Section 15 shall apply to Licensor's obligations under this EULA.

20.4 Third-Party Data and Carrier Fees

You are solely responsible for any access, data, or other fees and charges incurred from third parties (such as Your internet service provider or mobile carrier) in connection with Your download, installation, and use of the Application. Licensor is not responsible for any such third-party fees or charges.

21. General Provisions

21.1 U.S. Government End Users

If You are a U.S. federal, state, or local government entity or agency, or if the Application is being used by or on behalf of such an entity or agency (including any 911 or emergency dispatch center operated by a governmental body), You acknowledge that the Application and Content and Services constitute "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. § 12.212 and 48 C.F.R. § 227.7202, as applicable. Consistent with such provisions, the Application and Content and Services are licensed to government end users only with the rights granted to all other end users under this EULA. To the extent that any term set forth herein conflicts with any applicable local, state, or federal law or regulation as applicable to You, such term is limited to the extent necessary to comply with such law or regulation, and the conflicting portion is hereby severed from this EULA.

21.2 Entire Agreement

This EULA, the Privacy Policy, and all other documents that are incorporated by reference herein constitute the sole and entire agreement between You and Licensor with respect to the subject matter contained herein, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. Without limiting the generality of the foregoing, no Licensor personnel are authorized to amend or waive any terms of this EULA verbally or through text communication channels on the Application.

21.3 No Assignment

You shall not assign or otherwise transfer any of Your rights, or delegate or otherwise transfer any of Your obligations or performance, under this EULA, in each case whether voluntarily, involuntarily, by operation of law, by change of control (including merger, acquisition, or sale of substantially all assets), or otherwise, without Licensor's prior written consent, which consent Licensor may withhold in its sole discretion. Any purported assignment, delegation, or transfer in violation of this Section is void. Licensor may freely assign or transfer this EULA, or any of its rights or obligations hereunder, without restriction and without notice to You.

21.4 No Third-Party Beneficiaries

Except as expressly provided in Section 20, this EULA is for the sole benefit of the parties hereto and their respective successors and permitted assigns, and nothing herein, express or implied, is intended to or shall confer on any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this EULA.

21.5 Waiver

No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this EULA shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

21.6 Severability

If any term or provision of this EULA is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this EULA or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon a determination that any term or provision is invalid, illegal, or unenforceable, the court or arbitrator shall modify such term or provision to the minimum extent necessary to make it valid, legal, and enforceable while preserving the parties' original intent to the greatest extent permissible.

21.7 Notices

All notices required or permitted under this EULA from Licensor to You shall be provided through the Application, via email to the address associated with Your account, or by such other means as Licensor may designate from time to time. All notices required or permitted under this EULA from You to Licensor shall be in writing and sent to the address or email designated by Licensor on the Website or within the Application, and shall be deemed given upon receipt.

21.8 Electronic Acceptance

You acknowledge and agree that by clicking "I Accept," "I Agree," or a similar button or checkbox, or by accessing or using the Application, You are indicating Your assent to be bound by this EULA with the same force and effect as if You had signed this EULA in writing.

By using the Application, You acknowledge that You have read and understood this EULA and agree to be bound by its terms. In particular, You acknowledge that You have read and understand the binding arbitration provision and class action waiver in Section 17, and that You agree to resolve disputes with Licensor on an individual basis through binding arbitration, except as otherwise provided in Section 17.4, and subject to Your right to opt out under Section 17.7.