This End User License Agreement (EULA) is a binding contract between COFFEENOW and you, as a user of the COFFEENOW application (COFFEENOW) downloaded from an online marketplace of your selection. COFFEENOW is licensed, not sold, to you for use under the terms of this EULA. COFFEENOW (Licensor) reserves all rights in and to COFFEENOW not expressly granted to you under this EULA.

BY AGREEING TO THIS EULA YOU ALSO AGREE TO OUR TERMS OF USE AND PRIVACY POLICY LOCATED AT http://www.mycoffeenow.app, INCLUDING THE LIMITATIONS, ARBITRATION AND OTHER PROVISIONS CONTAINED THEREIN. 

1. Scope of License. Licensor grants to you a nontransferable, non-exclusive license to use COFFEENOW on a mobile device or computer that you own or control. This license does not allow you to use COFFEENOW on any mobile device or computer that you do not own or control, and you may not distribute or make COFFEENOW available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense COFFEENOW. You may not copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of COFFEENOW, 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-source components included with COFFEENOW). Any attempt to do so is a violation of the rights of COFFEENOW. If you breach this restriction, you may be subject to prosecution and damages. The terms herein govern, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern. By using COFFEENOW, you agree to their Terms of Use following this EULA. IF YOU DO NOT AGREE TO THIS EULA AND THE TERMS OF USE AND THE PRIVACY POLICY, YOU MAY NOT USE COFFEENOW. You acknowledge and agree that you will be licensing any Open-Source Materials directly from the applicable Third-Party Licensors, including the right to use such Third-Party Materials in connection with the Software. The provisions of the Open-Source Licenses will prevail, and all copyrights are reserved and transferred accordingly. COFFEENOW and all related copyrights, trademarks, inventions, and other intellectual property is solely and exclusively owned by COFFEENOW. 
2. Consent to Use. You agree that COFFEENOW may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to COFFEENOW (collectively, “Data”). You may also voluntarily provide information, feedback, images, and other content in connection with your use of COFFEENOW (together with the Data, collectively, “Content”). You agree that COFFEENOW may use the Content to improve its products and services or to provide products and services to you, and you hereby grant COFFEENOW a nonexclusive, worldwide, royalty-free, fully paid-up, transferable and sublicensable license in and to the Content, including all intellectual property rights therein, for COFFEENOW to use, modify and create derivative works of the same in connection with or related to any business purposes. You represent and warrant to COFFEENOW that: (i) you have the necessary rights to grant the licenses and rights in and to the Content; and (ii) the Content and COFFEENOW’s use thereof as permitted in this EULA will not infringe, violate or misappropriate any third-party right. Your personal information will be collected and processed in accordance with the terms of COFFEENOW’s Privacy Policy, following this EULA, and you agree to the same by using COFFEENOW. You are responsible for obtaining the data network access necessary to use COFFEENOW. Your mobile network’s data and messaging rates and fees may apply if you access or use COFFEENOW from a wireless-enabled device and you will be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use COFFEENOW and Applications and any updates thereto. COFFEENOW does not guarantee that COFFEENOW, or any portion thereof, will function on any particular hardware or devices. In addition, COFFEENOW may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
3. Termination. The EULA is effective until terminated by you or COFFEENOW. Your rights under this EULA will terminate automatically without notice from COFFEENOW if you fail to comply with any term of this EULA and related documents. Upon termination of this EULA, you will cease all use of COFFEENOW, and destroy all copies, full or partial, of COFFEENOW.
4. Services; Third Party Materials. COFFEENOW may enable access to COFFEENOW’s and third-party services and websites (collectively and individually, “Services”). Use of COFFEENOW may require internet access and that you accept additional terms of service from third parties. The information provided by COFFEENOW is provided to you for informational and reference purposes only. While every effort has been made to ensure the quality and accuracy of information displayed through COFFEENOW, COFFEENOW will not be held responsible for incomplete, inaccurate, invalid or incorrect information displayed through COFFEENOW. Certain Services may display, include or make available content, data, information, applications or materials from third parties (Third-Party Materials) or provide links to certain third-party websites. By using COFFEENOW, you acknowledge and agree that COFFEENOW is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or websites. COFFEENOW does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party Services or Third-Party Materials. Third-Party Materials and links to other websites are provided solely as a convenience to you. Neither COFFEENOW, nor any of its content providers, guarantees the availability, accuracy, completeness, or reliability of any services. You should exercise judgment in your use of any Services.

You agree that Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of COFFEENOW. No portion of COFFEENOW may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on COFFEENOW, in any manner, and you will not exploit COFFEENOW in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use COFFEENOW in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that COFFEENOW is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of COFFEENOW.

In addition, Services that may be accessed from, displayed on or linked to from the mobile device are not available in all languages or in all countries. COFFEENOW makes no representation that Services are appropriate or available for use in any particular location. To the extent you choose to access such Services, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. COFFEENOW and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will COFFEENOW be liable for the removal of or disabling of access to any such Services. COFFEENOW may also impose limits on the use of or access to certain Services without notice or liability. 

5. No Warranty. USE OF COFFEENOW IS AT YOUR SOLE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COFFEENOW AND ANY SERVICES PERFORMED OR PROVIDED BY COFFEENOW ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND COFFEENOW HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO COFFEENOW AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. COFFEENOW DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF COFFEENOW, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, COFFEENOW WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF COFFEENOW OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN COFFEENOW OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COFFEENOW OR ITS AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY. SHOULD COFFEENOW OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
6. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL COFFEENOW BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE COFFEENOW, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF COFFEENOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL COFFEENOW’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 
7. Export. You may not use or otherwise export or re-export COFFEENOW except as authorized by United States law and the laws of the jurisdiction in which COFFEENOW was obtained. In particular, but without limitation, COFFEENOW may not be exported or re-exported: (i) into any U.S. embargoed countries; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using COFFEENOW, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
8. Government Users. COFFEENOW and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users: (i) only as Commercial Items; and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights reserved under the copyright laws of the United States.
9. Governing Law. The laws of Washington State, excluding its conflicts of law rules, govern this license and your use of COFFEENOW. Your use of COFFEENOW may also be subject to other local, state, national, or international laws.
10. Contact Information. Your questions, complaints or claims with respect to COFFEENOW should be directed to: support@mycoffeenow.app

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