END USER LICENSE AGREEMENT

This End User License Agreement (the "EULA") is between you and Incentive Services, Inc. By downloading, installing, or using TouchPoint ConnectSM (the "Software"), for Android, iOS, Linux, macOS, Windows or other desktop or mobile platform (“Use”), you signify that you have read, understood, and agree to be bound by the terms of the EULA. If you do not agree to the EULA, please uninstall or remove the application and do not Use the Software.

The Software is provided to you under this EULA solely for your private, non-commercial Use. Use of the Software or of the TouchPoint Connect content, information, membership functionality, marketing, sales or any other services (“TouchPoint Connect Service”) within an organization or the use of multiple copies of the Software (except a back-up copy) IS NOT ALLOWED and requires a commercial license for the Software.

  1. License

    2. Incentive Services grants you, subject to the terms and conditions of this Agreement, a non-exclusive, non-transferable, revocable license to:

    • Use the Software for your own personal Use, and
    • Install the Software on only one Device
  2. Title

    3. Title, ownership, and all rights (including without limitation intellectual property rights) in and to the Software shall remain with Incentive Services, Inc. Except for those rights expressly granted in this EULA, no other rights are granted, whether express or implied.

  3. Restrictions

    4. You understand and agree that your Use;

    • will comply with all applicable laws, and
    • shall be in accordance with applicable restrictions concerning privacy and intellectual property rights.

    You may not:

    • Create derivative works based on the Software.
    • Use the Software for any purpose other than as allowed by this EULA.
    • Copy or reproduce the Software.
    • Sell, assign, license, disclose, distribute, or otherwise transfer or make available the Software or any copies of the Software in any form to any third parties.
    • Alter, translate, decompile, reverse assemble or reverse engineer the Software, or attempt to do any of the foregoing, except to the extent this prohibition is not permitted under an applicable law; or
    • Remove or alter any proprietary notices or marks on the Software.
    • Submit any Objectionable Content. Objectionable Content includes but is not limited to:
      1. sexually explicit materials,
      2. obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity,
      3. content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent,
      4. To harass, abuse or threaten others or otherwise violate any other person’s legal rights,
      5. content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms, and
      6. gambling, including without limitation, any online casino, sports books, bingo or poker.
  4. PERSONAL INFORMATION AND PRIVACY

    5. We may ask you to provide certain information about you during the Use. All personal information that you provide to us will be governed by the Privacy Policy, which is available at Privacy Policy. You understand and agree that Incentive Services may disclose information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce the terms of this EULA, or protect the rights, property, or safety of TouchPoint Connect, its users, or the public.

  5. NO WARRANTY

    6. INCENTIVE SERVICES DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED MANNER, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SOFTWARE IS FULLY COMPATIBLE WITH ANY PARTICULAR PLATFORM. THE SOFTWARE IS OFFERED ON AN "AS-IS" BASIS AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS GIVEN. INCENTIVE SERVICES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.

  6. RIGHT TO TERMINATE OR MODIFY SOFTWARE

    7. Incentive Services may modify the Software and this EULA with or without notice to you. In the event Incentive Services modifies the Software or the EULA, you may terminate this EULA and cease your Use. Incentive Services may terminate your Use, the EULA or the TouchPoint Connect Service at any time, with or without notice.

  7. OPEN SOURCE

    8. The Software may contain or be provided together with open source software. Each item of open source software is subject to its own applicable license terms, which can be found at Open Source Software and/or in the Software documentation or the applicable help, notices, about or source files. Copyrights to the open source software are held by the respective copyright holders indicated therein.

  8. INDEMNIFICATION

    9. By accepting the EULA, you agree to indemnify and otherwise hold harmless Incentive Services, its officers, employers, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of the Software or any other matter relating to the Software.

  9. LIMITATION OF LIABILITY

    10. YOU EXPRESSLY UNDERSTAND AND AGREE THAT INCENTIVE SERVICES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF INCENTIVE SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT WILL INCENTIVE SERVICES AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT OF LICENSING FEES PAID BY YOU TO INCENTIVE SERVICES. THESE LIMITATIONS AND EXCLUSIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OF DAMAGES AND/OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  10. EXPORT RESTRICTIONS

    11. This EULA is expressly made subject to any laws, regulations, orders or other restrictions on the export from the United States of America of the Software or information about such Software which may be imposed from time to time by the government of the United States of America. \ You shall not export the Software or information about the Software without consent of Incentive Services and compliance with such laws, regulations, orders or other restrictions.

  11. General

    12. The EULA between you and Incentive Services, Inc. will be governed by and construed in accordance with the laws of the State of Minnesota without regard to conflict of laws principles. The exclusive forum for any disputes arising out of or relating to this EULA shall be an appropriate federal court or state court sitting in the Hennepin County, Minnesota. The EULA constitutes the entire agreement between you and Incentive Services, Inc. regarding the Software. If any provision of this EULA is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this EULA will remain in full force and effect.