End User License Agreement

This End User License Agreement ("EULA") is a binding agreement between you and IQ Systems, LLC, an Oklahoma limited liability company ("IQ Systems," "we," "us"). It governs your use of our software products, including the Apex Roping – Roper mobile application, the Apex Roping desktop application, and the firmware embedded in or provided for IQ Systems devices (together, the "Software"). By installing, downloading, or using the Software, you agree to this EULA. If you do not agree, do not use the Software.

1. License Grant

Subject to this EULA, IQ Systems grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to install and use the Software on devices you own or control, solely for your own use with the Apex Roping platform and for the Software's intended purpose.

2. License Restrictions

You may not: (a) copy, modify, translate, or create derivative works of the Software; (b) reverse engineer, decompile, or disassemble the Software, or attempt to derive its source code, except to the extent this restriction is prohibited by law; (c) rent, lease, lend, sell, sublicense, or distribute the Software; (d) remove or alter any proprietary notices; (e) separate firmware from the device it was provided with, or install it on any device other than an authorized IQ Systems device; or (f) use the Software to build a competing product or service.

3. Ownership

The Software is licensed, not sold. IQ Systems and its licensors retain all right, title, and interest in and to the Software, including all intellectual property rights. No rights are granted except as expressly stated in this EULA.

4. Updates and Firmware

We may provide updates, upgrades, patches, or new versions, which may be delivered automatically, including remotely to device firmware. Updates are governed by this EULA unless accompanied by separate terms. Firmware is licensed together with the device and remains the property of IQ Systems. You agree to keep firmware reasonably current, as some features and security depend on it.

5. Accounts, Subscriptions, and Data

Use of the Software may require an Apex Roping account and, for some features, an active subscription. Your use of the Software is also governed by the IQ Systems Terms of Service and Privacy Policy, which are incorporated into this EULA by reference. Your data is handled as described in the Privacy Policy, and by using the Software you consent to that handling.

6. Apple App Store Terms (Apex Roping – Roper)

This section applies when you obtain Apex Roping – Roper through the Apple App Store, in which case the following also apply and, for Apex Roping – Roper, control over any conflicting term:

This EULA is between you and IQ Systems only, not Apple. IQ Systems, not Apple, is solely responsible for Apex Roping – Roper and its content.

Your license to Apex Roping – Roper is limited to use on Apple-branded products you own or control, as permitted by the App Store Terms of Service.

Apple has no obligation to provide maintenance or support for Apex Roping – Roper. IQ Systems is solely responsible for support, using the contact details below.

To the extent any warranty is not effectively disclaimed, Apple's sole warranty obligation is to refund the purchase price, if any; IQ Systems is responsible for all other warranty claims.

IQ Systems, not Apple, is responsible for addressing any claims relating to Apex Roping – Roper, including product liability, legal or regulatory non-compliance, and consumer protection claims.

IQ Systems, not Apple, is responsible for investigating and resolving any third-party claim that Apex Roping – Roper infringes intellectual property rights.

You represent that you are not located in a country subject to a U.S. Government embargo and are not on any U.S. Government restricted-party list.

Apple and its subsidiaries are third-party beneficiaries of this EULA and may enforce it against you as it relates to Apex Roping – Roper.

7. Third-Party and Open-Source Components

The Software may include third-party or open-source components licensed under their own terms. Those terms govern your use of those components and, where required, are made available with the Software.

8. Term and Termination

This EULA applies until terminated. It terminates automatically if you breach it. On termination you must stop using and remove or uninstall the Software. Sections on ownership, restrictions, disclaimers, limitation of liability, and governing law survive.

9. Disclaimer of Warranties

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. IQ SYSTEMS DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IQ SYSTEMS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR DATA. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SOFTWARE WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE SOFTWARE, OR TWENTY-FIVE DOLLARS ($25) IF THE SOFTWARE WAS PROVIDED AT NO CHARGE.

11. Export and Government Use

You will comply with all applicable export and sanctions laws. The Software is "commercial computer software," and any use by the U.S. Government is subject to the restrictions in this EULA.

12. Governing Law and Disputes

This EULA is governed by Oklahoma law. Disputes are resolved as set out in the Terms of Service, including any arbitration provision, with exclusive venue in Oklahoma County, Oklahoma.

13. Assignment

You may not assign this EULA. IQ Systems may assign it, including in connection with a merger, acquisition, or sale of all or substantially all of its assets or equity.

14. Contact

IQ Systems, LLC. Email: [email protected]. Website: https://roper.apexroping.com.