AnchorFree, Inc.

Self Service Developer Terms of Service

Last Modified: July 26, 2017, Effective July 26, 2017

The AnchorFree Developer Terms of Service together with our Privacy Policy (“Terms” or
“Agreement”) is a legally binding contract between you, an individual developer ("You" or
“Your”), and AnchorFree, Inc., if You are a resident or citizen of the United States of America,
or between You and AnchorFree GmbH (together with AnchorFree, Inc., "AnchorFree"), if You
are not a resident or citizen of the United States of America, regarding the use of the “Services”
which refers to the free trial period to access AnchorFree’s Virtual Private Network Software
Development Kit (“VPN SDK”) and Proxy Software Development Kit (“Proxy SDK”)
development tools which You can integrate into Your App, through our developer portal.
AnchorFree and You are individually a “Party” and collectively the “Parties” to this Agreement.

PLEASE READ CAREFULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

BY CLICKING THE "I ACCEPT" BUTTON TO CREATE AN ACCOUNT FOR ACCESS TO
THE DEVELOPER PORTAL, YOU ACKNOWLEDGE THAT YOU ARE ACCEPTING A
BENEFIT BY USING THE SERVICE, AND THAT YOU HAVE READ, UNDERSTOOD,
AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS
AGREEMENT INCLUDING THE REQUIREMENT OF BINDING ARBITRATION FOR
ALL LEGAL DISPUTES. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND
CONDITIONS OF THIS AGREEMENT, CLICK THE "I DECLINE" BUTTON AND YOU
WILL NOT BE ABLE TO CREATE AN ACCOUNT ON THE DEVELOPER PORTAL.

THE SERVICE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF EIGHTEEN (18)
OR TO ANY USERS PREVIOUSLY SUSPENDED, TERMINATED, OR REMOVED FROM
THE SERVICE BY ANCHORFREE.

By clicking the "I Accept" button or by otherwise registering for, accessing or using the Service,
You represent that You are at least eighteen (18) years of age and have not been previously
suspended or removed from the Service by AnchorFree.
In this Agreement “AnchorFree” means AnchorFree, Inc., a Delaware Corporation, located at
155 Constitution Drive Menlo Park, CA 94025, and AnchorFree GmbH, a Swiss Corporation,
located at Hansmatt 32 6370 Stans, Switzerland. If You are registering for an AnchorFree
account or using AnchorFree’s Service on behalf of an organization, You are agreeing to these
Terms for that organization and promising AnchorFree that You have the authority to bind that
organization to these Terms (and, in which case, the terms “You” and “Your” will refer to that
organization). You may not use the Service and may not accept the Terms if You are a person
barred from receiving the Service under the laws of the United States or other countries,
including the country in which You are resident or from which You use the Service.

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1. The Service and Term

1.1 The Service. When AnchorFree refers to our “Service" in these Terms, this includes our
free trial developer portal services, which includes all of our programs, features, functions and
report formats, instructions, code samples, the AnchorFree markup language, on-line help files
and technical documentation, our website, account portal, technical support, Add-ons, as well as
any upgrades or updates to any of these, made generally available by us, and includes any of our
VNP SDKs, Proxy SDKs, SDKs, APIs or software provided to You including Hotspot Shield
Software, in connection with Your use of our Service, and our connectivity services to develop
Your minimally viable product (“MVP”) into an “Application” or “App”. AnchorFree provides
the Service as a means of protecting Your privacy by establishing a secure VPN connection
when connecting to the Internet through unsecured networks or browsing unsecured websites.
The Service's VPN utilizes a proxy Internet Protocol ("IP") address (a "Proxy IP Address").

1.2 Traffic Protection. The Service was developed to provide protection against hacking and
other potential privacy vulnerabilities when surfing the Internet on an unsecure network, or
browsing the Internet by creating a VPN that encrypts traffic to and from a computer or other
equipment enabled to access the Internet (a "Device"), and utilizing a Proxy IP Address provided
by AnchorFree. However, software is not perfect and due to defects, bugs, or other reasons, or
for no reason at all, AnchorFree does not guarantee that the Service will create a VPN or utilize a
Proxy IP Address on all websites.
1.3 Free Trial and Paid Service. You can use our Service for free to develop Your
Application or App into an MVP. If You Choose to distribute, sell, or otherwise use the Service
as a viable product, You will need to enter into a separate agreement with AnchorFree, so please
contact us to discuss at: platformpartners@anchorfree.com.

1.4 Term Period. The period of these Terms will commence on the date these Terms are
accepted by You and continue for twelve (12) months. This is called the Initial Period. These
Terms will automatically renew for additional one (1) year periods (each, a “Renewal Period”),
unless either You or AnchorFree provide notice of non-renewal at least thirty (30) days prior to
the end of the Initial Period or a Renewal Period. The Initial Period and all Renewal Periods will
be referred to in this Agreement as the “Terms Period”.

1.5 Termination by AnchorFree. AnchorFree may terminate your use of the Service and
Agreement may occur at any time if You: (a) have breached any provision of this Agreement; or
(b) AnchorFree is required to do so by law; or (c) AnchorFree decides to no longer provide the
Service or certain parts of the Service to users in the country in which You are resident or from
which You use the Service.

1.6 Termination and Suspension of Services. Either Party may terminate Your account for
any reason upon sixty (60) days written notice to the other Party. Either Party may also terminate

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or suspend Your account in the event the other Party commits any material breach of these
Terms and fails to fix that breach within five (5) days after written notice of that breach. If
AnchorFree terminates these Terms due to Your material breach, AnchorFree may terminate or
suspend Your account(s) as well.

AnchorFree may also suspend the Services immediately for cause if: (a) You violate (or give us
reason to believe You have violated) the AnchorFree’s Terms of Service or Privacy Policy; (b)
there is reason to believe the traffic created from Your use of our Services or Your use of the
Services is fraudulent or negatively impacting the operating capability of our Services; (c)
AnchorFree determines, in AnchorFree’s sole discretion, that providing the Services is
prohibited by law, or it has become impractical or unfeasible for any legal or regulatory reason to
provide the Services; or (d) subject to applicable law, upon Your liquidation, commencement of
dissolution proceedings, disposal of Your assets or change of control, a failure to continue
business, assignment for the benefit of creditors, or if You become the subject of a bankruptcy or
similar proceeding. If AnchorFree suspends the Services to Your account, AnchorFree will make
a reasonable attempt to notify You.

1.7 When this Agreement comes to an end, all of the legal rights, obligations, and liabilities
that You and AnchorFree have benefited from, been subject to, or which are expressed to
continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 16.10
shall continue to apply to such rights, obligations, and liabilities indefinitely.

2. Change of Services. AnchorFree may revise these Terms from time to time. If that
happens, those revised Terms will supersede prior versions. Unless AnchorFree indicates
otherwise, revisions will be effective upon the effective date indicated at the top of these Terms.
AnchorFree will provide You advance notice of any material revisions. This notice will be
provided via the account portal and/or via an email to the email address AnchorFree has on file.
For other revisions, we will update the effective date of these Terms at the top of the page. Your
continued access or use of our Services constitutes your acceptance of any revisions. If You do
not agree to the revisions, You should stop using AnchorFree’s Services and AnchorFree is then
not obligated to provide You with the Services.

3. Your Account. To use the Services, You will be asked to create an account. As part of
the account creation process, You will be asked to provide Your email address and create a
password. When registering an account, You must provide true, accurate, current, and complete
information about Yourself as requested during the account creation process. You must also keep
that information true, accurate, current, and complete after You create Your account.

You are solely responsible for all use (whether or not authorized) of our Services under Your
account(s), including for the quality and integrity of your Customer Data and each of Your
applications. You are also solely responsible for all use and for all acts and omissions of anyone
that has access to Your Application or App (“End Users"). You agree to take all reasonable

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precautions to prevent unauthorized access to or use of our Services and will notify AnchorFree
promptly of any unauthorized access or use. We will not be liable for any loss or damage arising
from unauthorized use of Your account.

4. Access and Use of the Services. We will make the Services available to You in
accordance with the Terms, which may be updated from time to time. You may use our Services,
on a non-exclusive basis, solely in strict compliance with these Terms and AnchorFree’s Privacy
Policy located at http://www.anchorfree.com/privacy.php, which may be updated from time to
time, and applicable law, including: (a) using our Services as needed to develop Your software
Applications and Apps that interface with our Services or provide Services through Your
Applications or App; (b) making our Services available to End Users of Your Applications or
App in connection with the use of each of Your Applications or App; and (c) otherwise using our
Services solely in connection with and as necessary for Your activities under these Terms.

5. Export. The Hotspot Shield Software and the Service may be subject to United States
export controls. You may not export or re-export the Hotspot Shield Software without: (a) the
prior written consent of AnchorFree; (b) complying with any applicable export control laws; and
(c) obtaining all appropriate permits and licenses. In any event, You may not remove or export
from the United States or allow the export or re-export of any part of the Hotspot Shield
Software or the Service in violation of any restrictions, laws, or regulations of the United States
Department of Commerce, the United States Department of Treasury Office of Foreign Assets
Control, or any other United States or foreign agency or authority. As defined in FAR section
2.101, the Hotspot Shield Software and the Service are "commercial items" and according to
DFAR section 252.227-7014(a)(1) and (5) are deemed to be "commercial computer software"
and "commercial computer software documentation." Consistent with DFAR section 227.7202
and FAR section 12.212, any use, modification, reproduction, release, performance, display, or
disclosure of such commercial software or commercial software documentation by the U.S.
Government will be governed solely by the terms of these Terms and will be prohibited except to
the extent expressly permitted by these Terms. You understand and agree that the Hotspot Shield
Software and the Service may contain information that is controlled and restricted from export
by the United States export controls restrictions, regulations, and laws described above (the
"Controlled Information"). If AnchorFree, in its sole discretion, determines that it cannot
implement the Service in a manner to exclude access to Controlled Information where required,
if You are in a country or territory that is subject to such regulation, You shall not be provided
access to the Service.

6. Ownership of the Services

6.1 AnchorFree’s Ownership. You agree that AnchorFree owns all legal right, title, and
interest in and to the Service, including any Intellectual Property Rights that subsist in the
Service. "Intellectual Property Rights" means any and all rights under patent law, copyright law,
trade secret law, trademark law, and any and all other proprietary rights including but not limited

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to AnchorFree source code, object code, algorithms, software, and any derivative works created
by You using the Service or any AnchorFree-owned past, present, or future Intellectual Property
Rights. AnchorFree reserves all rights not expressly granted to You.

6.2 Your Ownership. You own all legal right, title, and interest in and to Your Applications
or App, including any of Your Intellectual Property Rights that subsist in Your Application or
App, excluding any AnchorFree Intellectual Property Rights integrated into Your Application or
App.

6.3 Suggestions or Contributions. AnchorFree welcomes Your feedback on the Services.

By submitting suggestions or other feedback about the Services (“Contributions") You agree
that: (a) AnchorFree is not under any obligation of confidentiality with respect to Your
Contributions; (b) AnchorFree may use or disclose (or choose not to use or disclose) Your
Contributions for any purpose and in any way; (c) You irrevocably, non-exclusively license to us
rights to exploit your Contributions; and (d) You are not entitled to any compensation or
reimbursement of any kind from AnchorFree under any circumstances for Your Contributions.

7. License of the Service.

7.1 You may not use the Service for any purpose not expressly permitted by this Agreement.
Except to the extent required by applicable third-party licenses, You may not copy, except for
backup purposes, modify, adapt, redistribute, decompile, reverse engineer, disassemble, or create
derivative works of the Service or any part of the Service or any of AnchorFree’s source code,
object code, algorithms, software, or any other AnchorFree Intellectual Property or AnchorFree
Intellectual Property Rights.

7.2 Subject to the Terms of this Agreement, AnchorFree grants You a limited, worldwide,
royalty-free, non-assignable, non-exclusive, and non-sublicensable license to use the Services
solely to develop Applications or Apps to run on the AnchorFree platform.

7.3 You may not use the Services to develop applications for other platforms or to develop
another Service related in any way to AnchorFree. You are free to develop applications for other
platforms, including non-compatible implementations of AnchorFree, provided that this Service
is not used for that purpose.

7.4 Use, reproduction, and distribution of components of the Service licensed under an open
source software license are governed solely by the terms of that open source software license and
not this Agreement.

7.5 You agree that the form and nature of the Service that AnchorFree provides may change
without prior notice to You and that future versions of the Service may be incompatible with
applications developed on previous versions of the Service. You agree that AnchorFree may stop
providing any features within the Service to You or to Your users generally at AnchorFree’s sole

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discretion, without prior notice to You. AnchorFree will, however, make every attempt to
provide ten (10) days’ notice for any major changes in the Service.

7.6 Nothing in this Agreement gives You a right to use any of AnchorFree’s trade names,
trademarks, service marks, logos, domain names, or other distinctive brand features, except that
any application developed pursuant to this Service shall predominately display in a location
mutually agreeable to You and AnchorFree the words “Powered by Hotspot Shield” as part of
the user interface while You have an active Service license, as well as in the main feature image
on the respective app store pages. After the expiration and or termination of Your Service under
this Agreement, You shall remove the words “Powered by Hotspot Shield” from any and all of
Your user interfaces. In the event that You are granted the right to use the Service by AnchorFree
without the AnchorFree Words “Powered by Hotspot Shield” predominately displayed as part of
a custom white label product, upon the expiration and or termination of Your Service license
under this Agreement, You shall remove the name of Your white label product from any and all
of Your user interfaces, and discontinue all use thereafter of the App and its contents. The use of
any white label product on an AnchorFree owned Service product can only be agreed to with the
express written consent of AnchorFree, with a separate written agreement between You and
AnchorFree, which may include additional financial terms for such a white label product.

7.7 You agree that You will not remove, obscure, or alter any proprietary rights notices
including copyright and trademark notices that may be affixed to or contained within the Service.

8. Your Use of the Service

8.1 AnchorFree agrees that it obtains no right, title, or interest from You under this
Agreement in or to any software applications that You develop using the Service, including any
non-AnchorFree intellectual property rights that subsist in those applications.

8.2 You agree to use the Service and write applications only for purposes that are permitted
by (a) this Agreement and (b) any applicable law, regulation, or generally accepted practices or
guidelines in the relevant jurisdictions, including any laws regarding the export of data or
software to and from the United States or other relevant countries.

8.3 You agree that if You use the Service to develop applications for general public users,
You will protect the privacy and legal rights of those users. If the users provide You with user
names, passwords, or other login information or personal information, You must make the users
aware that the information will be available to Your application, and You must provide legally
adequate privacy notice and protection for those users. If Your Application or App stores
personal or sensitive information provided by users, it must do so securely.

8.4 You agree that You will not engage in any activity with the Service, including the
development or distribution of an application that interferes with, disrupts, damages, or accesses

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in an unauthorized manner AnchorFree’s or a third parties’ servers, networks, or other properties
or services of AnchorFree or a third party.

8.5 You agree that You are solely responsible for, and that AnchorFree has no responsibility
to You or to any third party for any data, content, or resources that You create, transmit, or
display through the use of the Service, and for the consequences of Your actions including any
loss or damage which AnchorFree may suffer by doing so.

8.6 You agree that You are solely responsible for, and that AnchorFree has no responsibility
to You or to any third party for, any breach of Your obligations under this Agreement, any
applicable third-party contract or Terms of Service, or any applicable law or regulation, and for
the consequences including any loss or damage which AnchorFree or any third party may suffer
as a result of such breach.

9. Confidentiality

9.1 Confidential Information. "Confidential Information" means any information or data,

regardless of whether it is in tangible form, disclosed by either Party whether or not it is marked
or otherwise designated as confidential or proprietary or that should otherwise be reasonably
understood to be confidential given the nature of the information and the circumstances
surrounding disclosure. "Confidential Information" does not include any information which: (i)
is publicly available through no fault of receiving Party; (ii) was properly known to receiving
Party, without restriction, prior to disclosure by the disclosing Party; (iii) was properly disclosed
to receiving Party, without restriction, by another person without violation of disclosing Party's
rights; or (iv) is independently developed by the receiving Party without use of or reference to
the disclosing Party's Confidential Information

Each Party agrees that it will use the Confidential Information of the other Party solely in
accordance with the provisions of this Agreement and it will not disclose such information to any
third party without the other Party's prior written consent, except as otherwise permitted
hereunder. Each Party agrees to exercise due care in protecting the Confidential Information
from unauthorized use and disclosure. Each Party may disclose the Confidential Information of
the other Party, in whole or in part to its employees, representatives, actual or potential investors,
and subcontractors who have a need to know and are legally bound to keep such information
confidential consistent with the terms of this Section. Either Party may disclose the Confidential
Information of the other Party as required by law, upon prior written notice to the other Party
(where allowed by law), provided that such Party will use its reasonable efforts to minimize such
disclosure to the extent permitted by applicable law.

9.1 You agree that You are responsible for maintaining the confidentiality of any developer
credentials that may be issued to You by AnchorFree or which You may choose Yourself and
that You will be solely responsible for all applications that are developed under Your developer
credentials pursuant to this Service and Agreement.

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9.2 You agree to keep confidential and protect all information provided to You by
AnchorFree as part of the Service and Agreement, unless required by law to disclose. All
confidential information provided by AnchorFree, including but not limited to derivative works
or modifications of AnchorFree’s confidential information, shall remain the property of
AnchorFree, and no license or other rights to AnchorFree’s confidential information is granted or
implied unless expressly set forth in this Agreement.

9.3 You agree that no press releases will be issued by You related to the Service and
Agreement unless AnchorFree expressly consents by prior written agreement to such press
releases.

10. Information and Privacy

10.1 You agree to abide by the AnchorFree Privacy Policy located at

http://www.anchorfree.com/privacy.php, as amended from time to time at AnchorFree’s sole
discretion, as a condition of Your use of the Service. Failure to abide by the AnchorFree Privacy
Policy may result in the immediate suspension or termination of the Service and Agreement as
well as the enforcement of any applicable AnchorFree legal rights against You.

10.2 In order to continually innovate and improve the Service, AnchorFree may collect certain
usage statistics including but not limited to a unique identifier, version number of the software,
and information on which tools and or services in the Service are being used and how they are
being used, as well as a third-party user counter such as Quantcast. By agreeing to the Terms,
you consent to the collection of this information. This information will not be used for
commercial gain outside the borders of the service detailed in this Agreement.

10.3 The data collected is examined in the aggregate to improve the Service and is maintained
in accordance with AnchorFree’s Privacy Policy.

11. Third Party Applications

11.1 If You use the Service to run applications developed by a third party or that access data,
content, or resources provided by a third party, You agree that AnchorFree is not responsible for
those applications, data, content, or resources. You understand that all data, content, or resources
which You may access through such third-party applications are the sole responsibility of the
person from which they originated and that AnchorFree is not liable for any loss or damage that
You may experience as a result of the use or access of any of those third-party applications, data,
content, or resources.

11.2 You acknowledge that Your use of such third-party applications, data, content, or
resources may be subject to separate terms between You and the relevant third party. In that case,
this Agreement does not affect Your legal relationship with these third parties.

12. AnchorFree APIs

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12.1 If You use any AnchorFree API to retrieve data from AnchorFree, You acknowledge that
the data may be protected by intellectual property rights which are owned by AnchorFree. Your
use of any such AnchorFree API will be subject to the AnchorFree Terms of Service located at
http://www.anchorfree.com/terms-of-service.php and the AnchorFree Privacy Policy located at
http://www.anchorfree.com/privacy.php. You may not modify, rent, lease, loan, sell, distribute,
or create derivative works based on this data either in whole or in part unless allowed by the
AnchorFree Terms of Service, AnchorFree Privacy Policy, or this Agreement.

12.2 If You use any AnchorFree API to retrieve a user's data from AnchorFree, You
acknowledge and agree that You shall retrieve data only with the user's explicit consent and only
when, and for the limited purposes for which, the user has given You permission to do so.

13. Disclaimer of Warranties

13.1 No Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO

APPLICABLE LAW, ANCHORFREE AND THE ANCHORFREE ENTITIES DISCLAIM
ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
ANCHORFREE OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY NOT
EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN
THIS SECTION 13 THE TERM ANCHORFREE INCLUDES THE ANCHORFREE
ENTITIES.

13.2 "As is" and "As available" and "With All Faults". YOU EXPRESSLY AGREE THAT USE
OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ANY DATA,
INFORMATION, THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE
AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE ARE PROVIDED
ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS AND WITH NO
ASSURANCES THAT THE SERVICE WILL WITHSTAND ATTEMPTS TO EVADE
SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, BUGS,
DISABLEMENTS, OR OTHER CIRCUMVENTION. YOU ACKNOWLEDGE AND
UNDERSTAND THAT ANCHORFREE DOES NOT AND WILL NOT ENCRYPT ALL WEB
TRAFFIC TO OR FROM THE DEVICE, AND THAT ANCHORFREE DOES NOT AND
WILL NOT PROVIDE A PROXY IP ADDRESS FOR ALL WEBSITES. ANCHORFREE
AND THE ANCHORFREE ENTITIES DO NOT WARRANT THAT THE SERVICE WILL
BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL
COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE
CORRECTED.

14. Limitation of Liability

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14.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANCHORFREE, ITS
SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO
YOU UNDER ANY THEORY OF LIABILITY OR DAMAGES FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES
THAT MAY BE INCURRED BY YOU, INCLUDING ANY LOSS OF DATA, WHETHER OR
NOT ANCHORFREE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR
SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES
ARISING.

14.2 Limitation of Damages. IN NO EVENT WILL THE TOTAL LIABILITY OF

ANCHORFREE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR
THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL
DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO
THIS AGREEMENT OR YOUR USE OF THE SERVICE (WHETHER IN CONTRACT,
TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE
AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE DURING THE
TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR
TWENTY FIVE DOLLARS ($25.00), WHICHEVER IS GREATER.

15. Indemnification by You

15.1 To the maximum extent permitted by law, You agree to defend, indemnify, and hold
harmless AnchorFree, its affiliates, and their respective directors, officers, employees, and agents
from and against any and all claims, actions, suits, or proceedings, as well as any and all losses,
liabilities, damages, costs, and expenses including reasonable attorneys’ fees arising out of or
accruing from: (a) Your use of the Service; (b) any Application or App You develop on the
Service that infringes any copyright, trademark, trade secret, trade dress, patent, or other
intellectual property right of any person, or defames any person, or violates any person’s rights
of publicity or privacy; and (c) any non-compliance by You with this Agreement.

16. General Legal Terms

16.1 Entire Agreement. This Agreement constitutes the whole legal agreement between You
and AnchorFree and governs Your use of the Service excluding any services which AnchorFree
may provide to You under a separate written agreement, and completely replaces any prior
agreements between You and AnchorFree in relation to the Service. This Agreement includes
any attachments or links as incorporated into the Agreement.

16.2 Waiver. You agree that if AnchorFree does not exercise or enforce any legal right or
remedy which is contained in this Agreement or which AnchorFree has the benefit of under any
applicable law, this will not be taken to be a formal waiver of AnchorFree's rights and that those
rights or remedies will still be available to AnchorFree.

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16.3 Unenforceability. If any court of law, having the jurisdiction to decide on this matter,
rules that any provision of this Agreement is invalid, then that provision will be removed from
this Agreement without affecting the rest of this Agreement. The remaining provisions of this
Agreement will continue to be valid and enforceable.

16.4 Export Restrictions. THE SERVICE IS SUBJECT TO UNITED STATES EXPORT

LAWS AND REGULATIONS. YOU MUST COMPLY WITH ALL DOMESTIC AND
INTERNATIONAL EXPORT LAWS AND REGULATIONS THAT APPLY TO THE
SERVICE. THESE LAWS INCLUDE RESTRICTIONS ON DESTINATIONS, END USERS,
AND END USE.

16.5 Assignment. The rights granted in this Agreement may not be assigned or transferred by
You without the prior written approval of AnchorFree. You shall be permitted to delegate Your
responsibilities or obligations under this Agreement without the prior written approval of
AnchorFree.

16.6 Jurisdiction. This Agreement, and your relationship with AnchorFree under this
Agreement, shall be governed by the laws of the State of California without regard to its conflict
of laws provisions. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO
THESE TERMS, YOU AND ANCHORFREE ARE EACH WAIVING THE RIGHT TO A
TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. You further agree that any
dispute resolution under this Agreement between you and AnchorFree will be governed in
accordance to the Arbitration provisions in Section 15 of the AnchorFree Terms of Service
located at http://www.anchorfree.com/terms-of-service.php. Notwithstanding the Arbitration
provisions in the AnchorFree Terms of Service, You agree that AnchorFree shall still be allowed
to apply for injunctive remedies or an equivalent type of urgent legal relief in any jurisdiction.

16.7 Conflicting Terms. You acknowledge that during the term of this Agreement You are
additionally subject to the AnchorFree Terms of Service located at
http://www.anchorfree.com/terms-of-service.php and the AnchorFree Privacy Policy located at
http://www.anchorfree.com/privacy.php. In the event that there is a conflict between the terms of
this Agreement and the AnchorFree Terms of Service, the terms of this Agreement will control.

16.8 Relationship. You and AnchorFree are independent contractors in the performance of each
and every part of these Terms. Nothing in these Terms is intended to create or shall be construed as
creating an employer-employee relationship or a partnership, agency, joint venture, or franchise.
The Parties will be solely responsible for all of their respective employees and agents and
respective labor costs and expenses arising in connection with their respective employees and
agents. The Parties will also be solely responsible for any and all claims, liabilities, damages, or
debts of any type that may arise on account of each of their respective activities, or those of each of
their respective employees or agents, in the performance of these Terms. Neither You nor

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AnchorFree has the authority to commit the other in any way and will not attempt to do so or imply
that it has the right to do so.

16.9 Force Majeure. No failure, delay, or default in performance of any obligation of a Party
shall constitute an event of default or breach of these Terms to the extent that such failure to
perform, delay, or default arises out of a cause, existing or future, that is beyond the control and
without negligence of such Party, including action or inaction of governmental, civil or military
authority, fire, strike, lockout or other labor dispute, flood, terrorist act, war, riot, theft, earthquake,
and other natural disaster. The Party affected by such cause shall take all reasonable actions to
minimize the consequences of any such cause.

16.10 Survival. Upon termination or expiration of these Terms, the terms of this Section 16.10,
and the terms of the following Sections will survive (i.e., still apply): Section 1 (The Service and
Term), Section 5 (Export), Section 6 (Ownership of the Services), Section 7 (License of the
Service), Section 9 (Confidentiality), Section 10 (Information and Privacy), Section 12
(AnchorFree APIs), Section 13 (Disclaimer of Warranties), Section 14 (Limitation of Liability),
Section 15 (Indemnification by You), Section 16 (General Legal Terms).

16.11 Notices. Any notice required or permitted to be given under these Terms will be given in
writing to the receiving Party by personal delivery, certified mail, return receipt requested,
overnight delivery by a nationally recognized carrier, or by email upon confirmation of receipt.

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