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TERMS OF USE

These terms (“TOU”) apply to your use of the Collaborative Response Graphic, defined below.  By accessing, or otherwise using such Collaborative Response Graphic, you are agreeing to these TOU with Critical Response Group, Inc. (“CRG” “we”, “us”, or “our”). You represent and warrant to us that you have the authority to accept this TOU on behalf of yourself, a company, or another entity, as applicable (“you” or “Company”). We may change, amend, or cancel this TOU at any time. Your use of the Collaborative Response Graphic after the changes become effective means you agree to the new TOU. If you do not agree to the new TOU, you must stop using the Collaborative Response Graphic.

1. Use of Products and Services.

CRG hereby grants to you as the recipient of a Collaborative Response Graphic generated by CRG a non-exclusive, non-transferable, limited, right and license to use such Collaborative Response Graphic and the associated products and services described in the Service Order (collectively, the “Services”) without right to sub-license, to access and use solely in connection with the performance of public safety and security operations for the benefit of a CRG customer (hereinafter, a “Customer”), including (without limitation) providing logistical support directly to a Federal, State or local governmental and nongovernmental emergency public safety, fire, law enforcement, emergency response, emergency medical (including hospital emergency facilities), and related personnel, agencies, and authorities. (a “First Responder”).

2. Restrictions:

You shall not (and shall not permit your employees or agents) to do any of the following with respect to the Services, except as may be otherwise expressly permitted by CRG in writing:

(a) make any of the Services available to anyone other than the Customer, or a First Responder Organization on behalf of Customer, or use any Services for the benefit of anyone other than Customer, or a First Responder Organization on behalf of Customer, or share the maps or images derived from Customer’s use of the Services with any third party (excepting only First Responders), unless otherwise agreed in writing by the parties,

(b) sell, resell, license, sublicense, share, distribute, give, make available, rent or lease any of the Services, or include any of the Services in a service or outsourcing offering, or provide them to third party vendors, unless otherwise agreed in writing by the parties;

(c) modify, copy, or create derivative works based on the Services or any part, feature, function, or user interface thereof;

(d) frame, imitate or mirror any part of the Services, other than framing or displaying images on Customer’s own intranets or otherwise for Customer’s own internal purposes,

(e) access the r Services for the purpose of building, selling, or marketing a competitive product or service or copying any Critical Response Group, Inc. product offering;

(f) remove or obscure the copyright, trademark, labels, logos or any other proprietary rights or notices included within the Services on and in any documentation or training materials;

(g) disassemble, reverse engineer, or decompile the Services or otherwise attempt to obtain or perceive the source code of any software included in the Services; or

(h) use the Services in a manner which violates any applicable laws.

3. HAE and HAT Data Restrictions. You are hereby advised that a Collaborative Response Graphic may contain height above ellipsoid and height above terrain data (“HAE and HAT Data”) is being provided by NextNav, LLC (“NextNav”).  The use of any such HAE and HAT Data is subject to the following additional terms:

(a) CRG customers and third parties using the HAE and HAT DATA may create a  database (“ “Database”) for their own internal use, however, customers or third parties may not use, or make available to any other party, the HAE and HAT Data or  Database for purposes of: (a) benchmarking or competitive analysis of any NextNav service; (b) directly or indirectly, monitoring, auditing, verifying, reviewing, observing, capturing, collecting, calibrating, storing, or otherwise training a 2D and 3D data system or service (including any Wi-Fi, barometer or non-barometer based system); or (c) developing, using or providing a competing software product, system, or service or for use in any devices, regardless of the purpose.

(b) Furthermore, CRG customers and third parties may not: (a) rent, lease, lend, sell, sublicense, assign,  distribute, publish, transfer, or otherwise make available HAE and HAT Data or  Database to any third party for a commercial purpose; provided, however, customers and third parties are permitted to do so only in support of first responders (police, fire, EMT, or agencies or companies providing the same or similar service); (b) remove, delete, obscure, or otherwise change any trademarks, or other symbols, notices, or marks relating to NextNav; or (c) violates any applicable law or the terms of any agreement.

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