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1. Acceptance of the End User Terms. By using the Application (defined below) you confirm your acceptance of these end user terms for the Mocni Pomocni application (“End User Terms”). Fundacja MOCni PoMOCni, Inc. (“Fundacja MOCni PoMOCni”) reserves, and shall have, the right to amend, remove, or add to the End User Terms at any time. Your access, link to, or use of the Application, after the effective date of the amended End User Terms will constitute your acceptance of the End User Terms, as amended.

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2. Description of Application and License. Fundacja MOCni PoMOCni  makes available (via application store platforms) an application consisting of tools and other materials to help monitoring and tracking the progress of mentoring kids from Foster Homes across Poland (the “Application”). You acquire no rights in the Application other than the limited right to utilize the Application in accordance with these End User Terms. Fundacja MOCni PoMOCni grants you a limited, non-exclusive and non-transferable license to download, install use the Application and related documentation for personal use pursuant to these End User Terms.

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3. Collection and Use of Your Information. You acknowledge that when you download, install, or use the Application, Fundacja MOCni PoMOCni may use automatic means (including, for example, cookies and web beacons) to collect information about you, your device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our Privacy Policy set out in these terms. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

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4. Use of Application and Restrictions on Use. You may not use the Application for any illegal purpose, for the facilitation of the violation of any law or regulation, or in any manner inconsistent with these End User Terms. You agree to use the Application solely for your own use and benefit, and not for resale, sublicense, lease, loan, supply, publish or other transfer or distribute to, or use by or for the benefit of, any other person or entity. Except as expressly permitted by us in writing you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, transfer, sell, license, upload, edit post, frame, link, or in any way exploit any part of the Application, except that you may download material from the Application and/or make one print copy for your own personal use, provided that you retain all copyright and other proprietary notices.

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5. Updates. Fundacja MOCni PoMOCni may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Fundacja MOCni PoMOCni has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. 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. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of these End User Terms.

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6. Indemnity. You agree to defend, indemnify and hold harmless, Fundacja MOCni PoMOCni and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Application, any breach or alleged breach of the End User Terms or any infringement of the copyright, trademark, service marks, proprietary or other rights of any third parties to the extent that the liability, claims, damages and expenses are a result of negligence or willful misconduct on your part.

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7. Proprietary Rights. You acknowledge and agree that the Application and any software used in connection with the Application contain proprietary and confidential information belonging to Fundacja MOCni PoMOCni or its licensors and is protected by applicable laws. If you provide feedback related to Application, such feedback shall be considered the property of Fundacja MOCni PoMOCni and may be used by Fundacja MOCni PoMOCni for any purpose without compensation to you. You further agree not to use the Application or Third Party Content in any way which may cause any kind of damage to Fundacja MOCni PoMOCni or infringe on the intellectual property rights of content owners. All rights are reserved. All other trademarks which you may encounter while using the Application are the property of their respective owners. The license granted hereunder does not include any rights to use Fundacja MOCni PoMOCni’s name, logo or marks.

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8. Disclaimer. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

• YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE APPLICATION, INCLUDING, BUT NOT LIMITED TO, CONTENT, APPLICATION, GOODS, OR REPRESENTATIONS ARE PROVIDED “AS IS” AND “AS AVAILABLE”. YOU FURTHER AGREE THAT FUNDACJA MOCNI POMOCNI MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE OR USE.

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• FUNDACJA MOCNI POMOCNI MAKES NO WARRANTY THAT (a) THE APPLICATION WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APPLICATION WILL BE ACCURATE OR RELIABLE, (c) THE QUALITY OF ANY APPLICATION, PRODUCT, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL MEET YOUR EXPECTATIONS, OR (d) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

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• ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APPLICATIONIS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

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• NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FUNDACJA MOCNI POMOCNI OR THROUGH OR FROM THE APPLICATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE END USER TERMS.

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9. Limitation of Liability. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAWS, NEITHER PARTY HERETO, NOR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL BE LIABLE TO THE OTHER PARTY HERETO, OR ANY THIRD PARTY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF SUCH DAMAGES ARE REASONABLY FORESEEABLE OR SUCH PARTY OTHERWISE WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM ANY USE OF THIS SITE AND APPLICATION. EXCEPT FOR THE INDEMNIFICATION IN SECTION 7 (INDEMNITY), NEITHER FUNDACJA MOCNI POMOCNI NOR YOU SHALL BE LIABLE FOR DAMAGES IN EXCESS OF, AND LIABILITY SHALL BE LIMITED TO, USD $100.

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10. Termination. You agree that Fundacja MOCni PoMOCni, in its sole discretion, may terminate, change or limit all or any of the Application, or their availability to you, notice at any time and without prior notice, with or without cause. You agree that you may terminate the agreement for convenience at any time without prior written notice, with or without cause.

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11. Force Majeure. Fundacja MOCni PoMOCni shall not be liable hereunder for any failure or delay in the performance of its obligations under these End User Terms if such failure or delay is on account of causes beyond its control, including labor disputes, civil commotion, war, fires, floods, inclement weather, governmental regulations or controls, casualty, government authority, strikes, or acts of God, in which event Fundacja MOCni PoMOCni shall be excused from its obligations for the period of the delay and for a reasonable time thereafter.

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12. Import/Export Restrictions. You agree not to import or export the Application in violation of any applicable laws or regulations of Poland or the country to which you have imported or exported. You agree to indemnify Fundacja MOCni PoMOCni from liability if you violate any such laws or regulations.