INTELLECTUAL PROPERTY TERMS OF USE

1. Defined Terms

1.1 The following terms and phrases shall have the following specific meaning when used in this Agreement.

(a) “Affiliate”means any legal entity that controls, is controlled by or is under common control with a party hereto (but only for so long as such control exists), where “control” means ownership of more than fifty percent (50%) of the equity or other interests entitled to vote in the election of directors or corresponding managing authority of the Affiliate; provided that if the percentage of control permitted under applicable laws is below the foregoing percentage, then such percentage will apply.

(b)“Authorized Users” means your employees or the employees of your Affiliates, in each case who you authorize to access and use the Software. Authorized Users may not use the Software for their own internal purposes for any reason without express written permission and a license from ClutchRev.

(c)“Client” means new and used motor vehicle owners that purchased a Program.

(d)“Client Agreement” means the agreement between ClutchRev and each Client regarding the Program Services.

(e)“ClutchRev” means ClutchRev Holdings, Inc. a Delaware Corporation.

(f)“Location(s)” shall have the meaning set forth in the Customer Application.

(g)“Personal Information” shall have the meaning set forth in the Privacy Policy.

(h)“PMP Agreement” means the Prepaid Maintenance Agreement entered into between You and ClutchRev.

(i)“Privacy Policy” means ClutchRev’s privacy policy available at https://app.clutchrev.com/privacy-policy.

(j)“Program” means the prepaid maintenance programs more fully described in the PMP Agreement. For the avoidance of doubt, the Program is not insurance, a motor vehicle service agreement, or motor vehicle extended warranty.

(k)“Program Services” shall have the meaning set forth in the applicable Client Agreement.

(l)“Software” means ClutchRev’s proprietary solution for tracking and processing incentive and prepaid maintenance agreements and claims including, without limitation, all websites, web portals, applications, source code, development data, and methods used in the delivery, hosting, maintenance, or otherwise in relation to the Program.

(m)“Submitted Software Data” means all Software Information that You submit or otherwise make available to ClutchRev under this Agreement.

(n)“Subscription” means a term-based right to access and use the Software.

2. Subscriptions

2.1 You agree to purchase the Subscription under the terms set forth herein. Unless expressly provided otherwise herein, each Subscription is for a term of one (1) month (the “Initial Term”), which automatically renews for successive one (1) month terms thereafter unless either party notifies the other of its intention not to renew the applicable Subscription not more than sixty (60) and at least thirty (30) days before the end of a Subscription term (each a “Subsequent Term” and together with the Initial Term the “Term”). You may be required to accept a new agreement, a supplemental agreement or an amendment to this Agreement in order to renew the Term.

2.2 Suspension. In addition to the foregoing, ClutchRev may suspend your access to or use of the Software, in whole or in part, immediately without notice to you, in accordance with this Agreement, or if ClutchRev determines that: (a) it is reasonably necessary to prevent unauthorized access to Software Information; (b) you (or Authorized Users) fail to abide by any terms of this Agreement, or (c) your (or Authorized Users’) use of the Software (i) poses a security risk to the Software or any third party, (ii) may adversely impact the Software or the systems of ClutchRev or any third party, (iii) may subject ClutchRev or any third party to liability, or (iv) may be prohibited by applicable laws. During any such suspension, you will continue to be responsible for all fees for the Subscriptions you have purchased and for the use of any Subscriptions not suspended.

2.3 Discontinuance. ClutchRev may cease making the Software available to you (a) upon ninety (90) days’ written notice, or (b) immediately, in order to comply with any applicable Laws. In addition, ClutchRev may restrict the Software’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction, if ClutchRev reasonably determines that continuing to make the Software available is no longer warranted for legal or regulatory reasons.

3. Software License

3.1 Limited License to Use. Subject to the terms and conditions of this Agreement, ClutchRev grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable and non-assignable license to have Authorized Users access and use the Software for the sole purpose of administration of the Program. ClutchRev reserves all rights in and to the Software.

3.2 Updates; Availability of Features and Functions; Extra Services. ClutchRev may, at any time, modify, upgrade or otherwise release updates for the Software, or any portion of its features and functions or otherwise change the features and functions. Unless otherwise expressly and separately agreed by ClutchRev, any updates will be subject to the terms of this Agreement and automatically become part of the Software licensed to you under the terms of this Agreement. You may be required to pay additional fees to access or use newly added features or functionality.

3.3 Authorized Users. You agree that you are solely responsible for all access to and use of the Software by Authorized Users. You will ensure that You and all Authorized Users: (i) access and use the Software only in accordance with this Agreement; (ii) adhere to all applicable laws, and (iii) not use the Software in any way that could damage the Software or the general business of ClutchRev. You are responsible for ensuring all Authorized Users have received any training that may be required by ClutchRev and any other training sufficient for Authorized Users to use the Software in accordance with this Agreement. You agree to be jointly and severally liable for all actions of Authorized Users related to their access to or use of the Software. Authorized Users will have no rights of recourse against ClutchRev and are not third-party beneficiaries hereunder.

3.4 Accounts. To access and use the Software, each Authorized User must follow ClutchRev’s log-in instructions (which may change from time to time), which may require you and/or each Authorized User to set up an account. In such instance, ClutchRev may provide each Authorized User as you request with a username and require that each Authorized User create a password to access and use the Software. Should ClutchRev have reasonable grounds to suspect that any information provided by an Authorized User is fraudulent, inaccurate or incomplete, ClutchRev has the right to suspend or terminate your (including all Authorized Users’) right to access and use the Software immediately without notice. In either instance, you expressly grant ClutchRev the express right to suspend or terminate your Software access. You are responsible for maintaining the confidentiality of all authentication credentials associated with your or Authorized Users’ access to and use of the Software. You must promptly notify ClutchRev if you discover any possible misuse, loss or disclosure of your or Authorized Users’ accounts or authentication credentials or any security incident related to the Software.

3.5 License Limitations. The Software may only be used at the Locations and may not be removed from such Locations or used for the benefit of any other site(s) without prior written consent from ClutchRev. Under no circumstances may Software licensed for one Location be used simultaneously at any other location. For the purposes of clarity, the use of the Software on multiple Locations requires the purchase of multiple Location licenses.

3.6 Software Support. ClutchRev will provide basic Software support provided you are current with all Fees (as that term is defined below). ClutchRev may engage third party contractors and subcontractors to assist in the provision of any services required under this Agreement.

4. Software Information

4.1 Collection of Registered Asset Data and Other Data. You acknowledge and agree that ClutchRev collects, transmits and processes (and may have collected, transmitted and processed prior to you entering into this Agreement) information relating to the Software and/or your use of the Software, including information on the hardware (collectively, “Software Information”) as further described in the Privacy Policy. Except for Authorized User account information and identifying information of your End Users that is captured as Software Information, you acknowledge and agree that, to ClutchRev, Software Information is not Personal Information and the Software Information is not intended to be Personal Information.

4.2 Software Information includes information (including data analytics and insights): (i) collected from hardware; (ii) collected from other sources (whether provided by third parties or ClutchRev) that make such information available to the Software; (iii) information (including data analytics and insights) derived from or relating to access to or use of the Software; and (iv) information collected independent of the Software.

4.3 You (including Authorized Users) consent to the collection, storing, processing, use, sharing and disclosure of all Software Information, regardless of whether collected prior to you entering into this Agreement or thereafter, in accordance with the Privacy Policy. The Privacy Policy may change from time to time, so review it with regularity and care. If the Privacy Policy materially changes, ClutchRev will notify you by indicating in the Software or by other reasonable means. All changes will be effective immediately, unless indicated otherwise, and by using the Software after such changes, you agree to those changes.

4.4 Specific information collected, transmitted and processed may change over time and vary.

4.5 Use and Disclosure of Software Information. You hereby grant to ClutchRev a non-exclusive, worldwide, perpetual, fully paid-up, royalty-free, right and license to access, use, process, manipulate, modify, compile with other data or works and/or create derivative works of Software Information in accordance with the Privacy Policy, which right and license is fully sublicensable through multiple levels. For the purpose of clarity, Software Information may be used by ClutchRev for new product or service development, comparative and benchmarking research, product performance research, and any other internal purpose, which will be owned in their entirety by ClutchRev. Any research and reports from any of the foregoing may be shared to any third party, provided all data in such shared research or reports is anonymized such that you are not identifiable. ClutchRev does not assume any obligations with respect to Software Information, other than as expressly set forth in this Agreement or as required by applicable laws.

4.6 Submitted Software Data. Your rights to Submitted Software Data remains subject to any restrictions or terms that apply to Submitted Software Data under any other agreement you have with ClutchRev or any third party, and ClutchRev does not make any representations or warranties with respect to such data under this Agreement. You represent, warrant and covenant that (a) you have secured and will maintain all rights, and have obtained and provided all required notices and obtained all legally required consents, necessary to make available Submitted Software Data (including all Personal Information therein) to ClutchRev and to enable such entities to provide the Software in accordance with this Agreement, and to exercise the rights and licenses granted hereunder, without violating the rights of any third party or otherwise obligating ClutchRev to you or to any third party, and (b) you are solely responsible for all Submitted Software Data, including: (i) the accuracy, integrity, quality, legality, reliability, and appropriateness of Submitted Software Data; (ii) creating and maintaining backups and copies of all Submitted Software Data, including for use in the event of a disaster or loss of Submitted Software Data stored in the Software; and (iii) adopting procedures to identify and correct errors and omissions in Submitted Software Data and correcting such errors and omissions. Without limiting the foregoing, to the extent that you can identify an individual using the Software Information and you make the information relate to such individual, you agree to comply with all laws applicable to the use of such information (e.g., data privacy, data security, employment, etc.) and you are solely responsible to determine the means, purpose, and sufficiency of such data for such use.

4.7 Communication Systems; Risk of Interception. Some features of the Software may require use of various communications systems, such as telematics wireless communications carriers, satellite-based communication systems, internet service providers and other similar systems. You recognize that such communication methods have an inherent risk of interception and/or interference and, therefore, may not be secure. You hereby consent to such communications and waive any claims that you may have against ClutchRev with respect to such communication. ClutchRev has no responsibility for the availability, quality or performance of communications services or equipment furnished by third-party communication carriers.

4.8 Legal Requests. If ClutchRev or its Affiliates receive any order, demand, warrant, or any other document requesting or purporting to compel the production of any Software Information or Personal Information (including, for example, by oral questions, interrogatories, requests for information or documents in legal proceedings, subpoenas, civil investigative demands or other similar processes) for which ClutchRev has confidentiality obligations under this Agreement, ClutchRev or its Affiliates will promptly notify you (to the extent permissible under applicable laws), so that you may, at your own expense, exercise such rights as you may have under applicable laws to prevent or limit such disclosure. Notwithstanding the foregoing, ClutchRev or its Affiliates (as applicable) will exercise commercially reasonable efforts to prevent and limit any such disclosure and to otherwise preserve the confidentiality of any Software Information or Personal Information if and to the extent ClutchRev has a confidentiality obligation and will cooperate with you with respect to any action taken with respect to such request, complaint, order or other document, including to obtain an appropriate protective order or other reliable assurance that confidential treatment will be accorded to such Personal Information.

4.9 Receipt, Archival and Retrieval of Data. ClutchRev does not provide any Software Information backup or restoration services under this Agreement. You are solely responsible for the backup of all Software Information and ClutchRev has no responsibility or liability if you fail to backup any Submitted Software Data. ClutchRev reserves the right to refuse to accept any Software Information that you may provide. Upon termination or expiration of this Agreement, ClutchRev will close your account, and you will have ninety (90) days to obtain a copy of your Submitted Software Data to the extent that such Submitted Software Data is in ClutchRev’s possession. Data made available to you will be in the form in which it was made available to ClutchRev or in such other form or format as ClutchRev establishes from time to time. Unless otherwise agreed by ClutchRev, after this period of time has elapsed, you will no longer be able to retrieve any Submitted Software Data associated with your account. Notwithstanding the foregoing, you acknowledge that ClutchRev has no responsibility for the deletion or failure to store any Software Information.

4.10 Breach Notification. ClutchRev will comply with all breach notification laws applicable to ClutchRev pertaining to Personal Information provided to ClutchRev by you (including Authorized Users).

5. Third-Party Software/Services; Data Exchange

5.1 Third-Party Software/Services. The Software may come bundled together with third party (non-ClutchRev-branded) software or services (“Third-Party Software/Services”). ClutchRev will use commercially reasonable efforts to identify such Third-Party Software/Services. You acknowledge that your access to or use of any such Third-Party Software/Services may be governed by additional third-party terms or policies, including privacy policies. Without limiting the foregoing, you agree to the third-party terms and conditions (if any) located in the Software (or at such other location as designated by ClutchRev from time to time). ClutchRev is not responsible for, and expressly disclaims, any liability in connection with any Third-Party Software/Services or your (including Authorized User’s) access or use thereof.

5.2 Third-Party Data Exchange. The Software may permit the communication, transfer and exchange of certain Software Information between the Software and certain assets, devices or systems approved by ClutchRev for use in connection with the Software (“Third-Party Systems”), which may include third-party APIs. ClutchRev does not exercise control over the form or quality of any data or information (including the Software Information) generated by or transmitted to the Third-Party Systems, including through third-party APIs. Therefore, without limiting Section 4, You agree to the following:

(a) Additional charges may apply to enable interfaces with Third-Party Systems;

(b) You accept all limitations in the display and use of all data and information imported via Third-Party Systems and acknowledge that all such data will be deemed to be Submitted Software Data;

(c) ClutchRev may restrict the volume and type of information transmitted to and from the Software if ClutchRev believes that such volume or type of information may adversely affect the performance of ClutchRev’s systems, Third-Party Systems, or the Software;

(d) You must obtain all necessary licenses and third-party consents to permit ClutchRev to access the Third-Party Systems and any related data. ClutchRev will not be responsible for the quality, quantity, type, parameters or any other issues related to the Third-Party System data received by ClutchRev. You represent to ClutchRev that you have the right to make available the Third-Party System data to ClutchRev and to grant to ClutchRev the right to access and use such Third-Party System (including as your Authorized User using your credentials, if applicable, and without imposing any additional obligations on ClutchRev) data in accordance with this Agreement; and

(e) You are responsible for all interactions with the third parties relating to the Third-Party Systems and any related data and are responsible for escalating and resolving any issues relating to such systems and data, including but not limited to the quality, robustness, speed and all other issues surrounding the Third-Party System outputs. You are responsible for promptly reporting any changes to the Third-Party Systems (or related data) that may impact ClutchRev’s interface with the Third-Party System (or related data).

6. Jurisdictional Issues

In any event, the Software is not intended to subject ClutchRev to any jurisdiction or laws other than the jurisdictions and laws of the United States. Certain Software may not be appropriate or available for use in some non-U.S. jurisdictions.

7. Program Authorization and Restrictions

7.1 Restrictions. You shall not directly or indirectly through any other individual, partnership, entity, joint venture, governmental authority, unincorporated organization, trust, or association use the Software except as permitted in this Agreement and shall not:

(a) copy, modify, or create derivative works or improvements of the Software;

(b) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available any Software to any person or entity, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud, or other technology or service;

(c) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source code of the Software in whole or in part;

(d) bypass or breach any security device or protection used by the Software or access or use the Software other than through the use of a valid user name, identification number, password, license or security key, security token, PIN, or other security measure to access and use the Software (“Access Credentials”);

(e) input, upload, transmit, or otherwise provide to or through the Software any information or materials that are unlawful or injurious, or contain, transmit or activate any software, hardware, or other technology, device or means, including any virus, worm, malware, or other malicious computer code, the purpose or effect of which is to (a) permit unauthorized access to, or to destroy, disrupt, disable, distort, or otherwise harm or impede in any manner any (i) computer, software, firmware, hardware, system, or network or (ii) any application or function of any of the foregoing or the security, integrity, confidentiality, or use of any data processed thereby or (b) prevent You or any Authorized User from accessing or using the Program or Software as intended by this Agreement;

(f) damage, destroy, disrupt, disable, impair, interfere with, or otherwise impede or harm in any manner the Software or ClutchRev’s provision of Program to any third party;

(g) remove, delete, alter, or obscure any trademarks, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property, or proprietary rights notices from any Software;

(h) access or use the Software in any manner or for any purpose that infringes, misappropriates, or otherwise violates any third-party intellectual property right or that violates any applicable law;

(i) access or use the Software for purposes of competitive analysis of the Software, the development, provision, or use of a competing software service or product or any other purpose that is to ClutchRev’s detriment or commercial disadvantage; or

(j) otherwise access or use the Software beyond the scope of the authorization granted in this Agreement.

7.2 Access and Security. You shall employ all physical, administrative and technical controls, screening and security procedures, and other safeguards necessary to securely administer and monitor the use of the Software by You and Your personnel and protect against any unauthorized access to or use of the Software.

8. Intellectual Property Rights

8.1 Reservation of Rights. Except as expressly granted herein, neither party is granted any rights or licenses, whether express or implied, under the other party’s intellectual property rights. The Software is licensed, not sold. References in this Agreement to the “purchase” or “sale” of Subscriptions refer to the licenses to access and use the Software hereunder. Nothing in this Agreement will be deemed to grant to you an ownership interest in any intellectual property rights in or to any of the Software.

8.2 Intellectual Property Rights. Except as expressly provided herein, you and your licensors and suppliers retain all of your and their respective right, title and interest (including intellectual property rights) in and to any technology you or they created (whether before or after this Agreement went into effect), provided that it was not created in connection with this Agreement and was created without use of or access to the Software. Except as expressly provided herein, ClutchRev, its Affiliates and each of their respective licensors and suppliers retain all of their respective right, title and interest in and to the Software and all intellectual property rights in or pertaining to the Software or its use (“Software Background IP”). Examples of Software Background IP include, but are not limited to, the design, structure, selection, coordination, expression, “look and feel” and arrangement of the Software and all processes, tools, software, technology, confidential information and trade secrets pertaining to the Software, together with any custom developments created or provided in connection with or related to this Agreement. You have no right to, and will not, create any modifications, extensions, or derivatives (including derivative works) of any of the Software Background IP nor to derive any technology from Software Background IP (such modifications, extensions, derivatives (including derivative works) and technology, collectively “Derivatives”). You therefore agree not to create any Derivatives. If any Derivatives are created, notwithstanding the restrictions set forth above, you will and hereby do assign to ClutchRev irrevocably and without further consideration, all right, title and interest in and to such Derivatives and all intellectual property rights pertaining thereto in the United States and in any other country. Except to the extent prohibited by applicable laws, if and to the extent that any Derivatives or any intellectual property rights pertaining thereto are not so assignable by you to ClutchRev, you will and hereby do grant to ClutchRev a fully-paid up, royalty-free, unrestricted, perpetual, irrevocable, non-terminable, transferable, worldwide, exclusive license (including the right to grant and authorize sublicenses through multiple levels) to any Derivatives and all intellectual property rights pertaining thereto for any and all purposes and in any and all media, whether alone or together or as part of any material of any kind or nature, and waive all moral and similar rights thereto.

8.3 Feedback. If you (including Authorized Users) provide any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Software or otherwise, you (including Authorized Users) hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place ClutchRev under any fiduciary or other obligation. You agree that ClutchRev does not control and is not responsible for any Feedback or the use or misuse (including any distribution) by any third party of Feedback. In addition, by submitting Feedback, you (including Authorized Users) hereby grant to ClutchRev a fully-paid up, royalty-free, non-exclusive, perpetual, irrevocable, non-terminable, transferable, worldwide right and license (including the right to grant and authorize sublicenses through multiple levels) to such Feedback and all intellectual property rights pertaining thereto for any and all purposes and in any and all media, whether alone or together or as part of any material of any kind or nature, and you waive all moral and similar rights in connection therewith. Any disclosure of such Feedback by ClutchRev to third parties (other than to ClutchRev Parties) will not attribute the Feedback to you (including any Authorized Users).

8.4 Trademarks. All trademarks that appear throughout the Software belong to ClutchRev, or the respective owners of such marks, and are protected by U.S. and international trademark and copyright Laws. Any use of any of the marks without the express written consent of ClutchRev or the owner of the mark, as appropriate, is strictly prohibited.

9. Limited Warranty

9.1 Limited Warranty. Subject to the terms and conditions of this Agreement, including receipt of all data and information from you reasonably required for ClutchRev to provide the Software, and provided you have paid all Fees in full, ClutchRev warrants to you that the Software will be free from material defects that would substantially affect your use of the Software. Except to the extent prohibited by applicable Laws, ClutchRev’s sole obligation, and your sole and exclusive remedy, for breach of the foregoing warranty is that ClutchRev will make commercially reasonable efforts to correct the non-conforming functionality of the Software without charge. ClutchRev has no obligation under this Section to the extent any nonconformance arises as a result of or out of or in connection with: (A) any access to or use of the Software other than in strict adherence to this Agreement; (B) use of other than the unaltered version of the Software; (C) use, modification, operation or combination of the Software with non- ClutchRev software programs, data, equipment or documentation, if such nonconformance would have been avoided but for such use, modification, operation or combination; (D) compliance with your (including Authorized Users’) designs, specifications or instructions; (E) any Third-Party Software/Services or Open Source Components; or (F) accident, abuse or misapplication or other improper, inadequate or unauthorized installation, maintenance or storage of the Software.

9.2 Disclaimers. EXCEPT AS PROVIDED IN SECTION 8.1, CLUTCHREV PARTIES PROVIDE NO WARRANTIES OR CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, NON-INFRINGMENT, OR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THIS AGREEMENT. WITHOUT LIMITING THE FOREGOING, CLUTCHREV DID NOT PROVIDE ANY WARRANTY THAT THE SOFTWARE WILL BE FREE FROM ERRORS OR INTERRUPTION (INCLUDING INTERRUPTIONS DUE TO CYBERATTACKS OR MALICIOUS CODE OR OTHERWISE) OR BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE. CLUTCHREV DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR (INCLUDING AUTHORIZED USERS’) ACCESS OR USE OF THE SOFTWARE. YOU AGREE THAT YOUR (INCLUDING AUTHORIZED USERS’) ACCESS OR USE OF THE SOFTWARE IS AT YOUR (AND THEIR) OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR INFORMATION SYSTEMS OR ASSETS OR LOSS OF DATA THAT RESULTS FROM SUCH ACCESS OR USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG SUCH WARRANTIES LAST, SO THE EXCLUSIONS OR LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. NOTWITHSTANDING YOUR (INCLUDING AUTHORIZED USERS’) ACCESS TO AND USE OF THE SOFTWARE AND REGARDLESS OF ANY INFORMATION PROVIDED THROUGH THE SOFTWARE (WHETHER ACCURATE OR INACCURATE) REGARDING THE OPERATION, MAINTENANCE OR PERFORMANCE STATUS OF THE REGISTERED ASSETS, YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISK RELATED TO, THE PROPER OPERATION, SUPPORT AND MAINTENANCE OF THE REGISTERED ASSETS. THE FOREGOING EXCLUSIONS AND LIMITATIONS ARE NOT INTENDED TO APPLY TO: (A) DEATH OR BODILY INJURY TO THE EXTENT DIRECTLY CAUSED BY CLUTCHREV’S GROSS NEGLIGENCE; OR (B) FRAUD OR WILLFUL MISCONDUCT. CLUTCHREV DOES NOT GUARANTEE ANY RESULTS, OR THE ACCURACY OF ANY RESULTS, THAT YOU MAY OBTAIN FROM THE SOFTWARE. UNLESS OTHERWISE AGREED IN WRITING BY CLUTCHREV. THE SOFTWARE IS NOT INTENDED TO PROVIDE ANY EMERGENCY, MISSION CRITICAL OR SAFETY RELATED FUNCTIONALITY AND YOU WILL NOT USE THE SOFTWARE IN THAT MANNER.