7.1 Ownership and Grant of License

Somewear Devices utilize proprietary software, proprietary firmware and proprietary communication protocols in order to access Somewear messaging functions and the Somewear Service (collectively any such software, firmware and/or communication protocols required for use of the Somewear Device and/or Somewear Services are referred to as the “Software”). The Software may be owned by Somewear or by a third-party. This Agreement grants you a license (“License”) that permits you to use the Software as required for your Somewear Device and the Somewear Services, whether through a GPS device or directly through a Somewear Device, including through an application installed on your smartphone. This License is non-exclusive, non-sub licensable and non-transferable. This License is subject to the limitations and conditions of this Agreement. All rights not specifically granted in this Section 7 are reserved by Somewear and its affiliates or the respective third-party owner of such Software. You acknowledge and agree that Somewear and/or third-parties own(s) all intellectual property rights, title, and interest in or, if applicable, licenses to the Software, including, but not limited to, all trademarks, copyrights (including future copyright), inventions, patents, designs, circuits and other eligible layouts, database rights, data, content and intellectual property rights as defined in Article 2 of the Convention establishing the World Intellectual Property Organisation dated 14 July 1967 (as amended from time to time), including any application or right to apply for registration of any of these rights. All title and intellectual property rights in the Software may be protected by applicable copyright or other intellectual property laws and treaties. Your use of the Software is solely controlled by this Agreement. The Software is licensed, not sold. If you are using a Somewear Device in conjunction with a smartphone application, then your use of the Software is subject to any terms and conditions imposed upon by the terms of your agreement with your smartphone manufacturer or service provider. ANY MAPPING FEATURES OR FUNCTIONALITY CONTAINED IN ANY SOFTWARE ARE SUITABLE AND INTENDED ONLY FOR GENERAL VISUAL REFERENCE USE AND SHOULD NOT BE USED FOR ANY PURPOSE REQUIRING EXACT MEASUREMENT OF DISTANCE OR DIRECTION, OR FOR PRECISION IN ADDRESS LOCATION OR IN THE DEPICTION OF GEOGRAPHIC FEATURES. Please note that map data is merely a graphical representation of geographic features appearing on the face of the earth. Map data may include features, such as roads and trails that are located on private property. Nothing in this License grants the use of, or is intended to imply the right to use, any such private property. It is your responsibility to discern and respect all landowner restrictions. You are solely responsible for complying with all legal requirements relating to land use and for your own safety and for the consequences of your actions in your use of map data. To the extent that data includes information regarding fish and game laws, or the availability of certain property for hunting or fishing, we make no representation or warranty regarding the accuracy of that information. You should always review the most recent version of any applicable fish and game regulations in the jurisdiction where you are recreating.

7.2 Other Restrictions on Use

You agree that you will not remove or obscure any proprietary rights notices, copyright notices or trademarks associated with the Software. You agree that you will not copy, sell, license, distribute, transfer, modify, adapt, translate, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software for any purpose. You agree that you will not attempt to circumvent or defeat the security or content usage rules contained in the Software and/or use the Software in violation of any law or third-party rights. Some of the geographic data to which you may have access is licensed from third parties, and is subject to any and all restrictions imposed on us by such third parties, which can be found at the following link: www.Somewearlabs.com/legal (https://www.mapbox.com/tos/#maps)

7.3 Software Changes and Updates

You agree that Somewear or third-party providers may make changes to the Software and Somewear Services in order to comply with applicable laws, to maintain or improve the Software and/or the Somewear Services or for other business reasons. Except to the extent changes to the Somewear Services are material (as described in Section 2 above), such changes may be made without notice to you and without liability for any changes in your ability to use the Software, Somewear Device and/or the Somewear Services, including compatibility issues, as a result of such changes. These updates may take the form of bug fixes, enhanced functions, new software modules and completely new versions. This License does not grant any rights to obtaining future upgrades, updates or supplements of the Software. If upgrades, updates or supplements of the Software are obtained, however, the use of such upgrades or updates is governed by this Agreement and the amendments that may accompany it and may be subject to additional payments and conditions. Somewear recommends that you ensure that all of your Somewear Devices have the most recent Software version available and that your Somewear Device has the most recent firmware version available. Somewear reserves the right to require you to install the most recent Software version in order to obtain continued service. Any such mandatory Software updates will be at no additional cost to you.

7.4 Term and Termination

The License commences upon the earlier of your use (including installation or access) of the Somewear Device and/or Somewear Services, or upon your downloading of any associated Software updates, and is effective until terminated by you or by Somewear in accordance with this Agreement. If you want to terminate the License, you may do so by ceasing to utilize the Somewear Device and terminating the associated Somewear Services as set forth in Section 3.8. All provisions relating to confidentiality, indemnity, proprietary rights, and non-disclosure shall survive the termination of this Agreement. All other rights and obligations of the parties shall cease upon termination including, but not limited to, all licenses granted hereunder. If terminated by Somewear, Somewear will notify you in accordance with any applicable standards or codes, which may include placing a notice on your account or sending an email message to your last email address known to Somewear. Somewear will have no liability if you do not receive Somewear’s notification.