Xerox^® Mobile Terms of Use & Xerox^® DocuShare^® Flex App Help

If the DocuShare Flex App enables access to any internet-based services, your use of those services will be subject to the separately-provided terms of use of such services.

In this Agreement, Apple and Apple’s subsidiaries are the “Phone Provider.”

In this Agreement, “DocuShare Flex App Provider” means Xerox Corporation, the entity that is licensing the DocuShare Flex App to you, as identified in the Apple iPhone App Store (“Phone Provider Marketplace”).

This Agreement is between DocuShare Flex App Provider and you only and not with Phone Provider and DocuShare Flex App Provider, not Phone Provider, is solely responsible for the DocuShare Flex App and its content. You acknowledge and agree that Apple, and

Apple’s subsidiaries, are third party beneficiaries of the Agreement, and that upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary hereof.

If you comply with these license terms, you have the rights below.

1. INSTALLATION AND USE RIGHTS.

   1. Installation and Use. You may install and use one copy of the DocuShare Flex App on any Apple branded products you own or control and as permitted by the Usage Rules set forth in the Phone Provider Marketplace Terms of Service, except that the DocuShare Flex App may be accessed, acquired, and used by other accounts associated with you via Family Sharing or volume purchasing.

   2. Portions of the DocuShare Flex App may include open source software which may be accompanied by notices and/or open source licenses that govern the use of those portions. Acknowledgements, licensing terms and disclaimers for such material are contained in the electronic documentation for the DocuShare Flex App. Any license granted hereunder to the DocuShare Flex App does not alter any rights and obligations you may have under such open source licenses and/or notices.

   3. You acknowledge that your use of the DocuShare Flex App creates data traffic.

   4. You acknowledge that DocuShare Flex App Provider may change the functionality and features of the DocuShare Flex App from time to time without notice to you.

   5. Installation and use of the DocuShare Flex App requires a user registration with one or more Content Management Service Providers. User Registration with a Content Management Service Provider permits you to submit documents or other materials to content management systems (Repositories). You acknowledge that your installation and use of the DocuShare Flex App may enable access to Repositories owned or managed by third parties as well as to other materials, products, or services of third parties (collectively and individually “Third Party Products”) directly from the DocuShare Flex App. You agree that the DocuShare Flex App Provider is not responsible for examining or evaluating the security, accuracy, interoperability or reliability of any Third Party Products and that the DocuShare Flex App Provider does not warrant and will not have any liability or responsibility for any Third Party Products or your acquisition or use of Third Party Products. Your acquisition and/or use of Third Party Products may be subject to additional terms and conditions and may require additional fees or costs. The owner or manager of each Third Party Product is solely responsible for that Third Party Product and for (i) any additional terms and conditions relating to the acquisition and use of; (ii) the security, accuracy, interoperability or reliability of; (iii) any warranties for and (iv) any claims that you or any other party may have relating to that Third Party Product. If you access or use Third Party Products, you acknowledge that your email address will be disclosed to the provider of such Third Party Product for the purpose of completing your order and for their internal management and administrative purposes.

2. INTERNET-BASED SERVICES. Your use of the DocuShare Flex App may require the use of internet-based services provided by the Content Management Services Provider, its suppliers, and your wireless carrier. In addition to the following, your use of such services is subject to the terms provided to you by the Content Management Service Provider and/or your wireless carrier, with which you agree to comply.

   1. Consent for Internet-Based or Wireless Services. The DocuShare Flex App may connect to computer systems over an internet-based wireless network. In some cases, you will not receive a separate notice when they connect. Using the DocuShare Flex App operates as your consent to the transmission of your information (including but not limited to technical information about your device, system and DocuShare Flex App software, and peripherals) as well as any document or material you download or submit via internet-based or wireless services. Your information may be transmitted, stored and processed in the United States or any other country in which the Content Management Service Provider, its suppliers, or your wireless carrier maintain facilities.

   2. Misuse of Internet-based Services. You may not use any internet-based service in any way that could harm it or impair anyone else’s use of it or the wireless network. You may not use the service to try to gain unauthorized access to any service, data, account or network by any means.

3. CONSENT TO COLLECTION AND USE OF DATA. The Phone Provider and the DocuShare Flex App Provider collect and/or store information from you when you download the DocuShare Flex App. This information may include: your location, your email address, your login, your password, your list of documents transmitted or received, and your document files. In addition, the DocuShare Flex App may collect and/or store certain information automatically, such as the type of mobile device you use, your mobile operating system, and information about the way you use the DocuShare Flex App. The DocuShare Flex App Provider may use statistical data, trends and usage information derived from your information and your use of the DocuShare Flex App for the purpose of providing, operating, maintaining and/or improving the DocuShare Flex App, the mobile application functionality and experience, and the products and services used to deliver the mobile functionality. The DocuShare Flex App may also collect (but not store) precise information about the location of your device (the DocuShare Flex App will read a user location data object from the mobile device operating system) when capturing photos or video. We may disclose user provided and automatically collected information: (a) as required by law; (b) when we believe, in good faith, that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request; and (c) to our suppliers who work on our behalf. Your information may be transmitted, stored and processed in the United States or any other country in which the DocuShare Flex App provider, its suppliers, or your wireless carrier maintain facilities. You may opt out of allowing access to your information by uninstalling the DocuShare Flex App from your device. By using the DocuShare Flex App, you consent to the transfer, storage and processing of user provided and automatically collected information by DocuShare Flex App Provider, its suppliers, and your wireless carrier, as described in this Agreement. For further information please read Xerox’s Privacy Policy at www.xerox.com/privacy.

4. SCOPE OF LICENSE. The DocuShare Flex App is licensed, not sold. This Agreement only gives you some rights to use the DocuShare Flex App. DocuShare Flex App Provider reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the DocuShare Flex App only as expressly permitted in this Agreement and as permitted by the usage rules set forth in the Phone Provider Marketplace Terms of Service. In doing so, you must comply with any technical limitations in the DocuShare Flex App that only allow you to use it in certain ways. You may not:

   1. use the DocuShare Flex App in a way that is prohibited by any law, regulation or governmental order or decree in any relevant jurisdiction, or that violates others’ legal rights;

   2. use the DocuShare Flex App in a way that would subject DocuShare Flex App provider, its suppliers, or your wireless carrier to obligations or liabilities under laws or regulations that would not otherwise apply to the DocuShare Flex App;

   3. use the DocuShare Flex App in any way designed to or to attempt to introduce a virus or malware to the network or devices on the network; send unsolicited bulk or commercial messages; or create a denial of service attack;

   4. work around any technical limitations in the DocuShare Flex App;

   5. reverse engineer, decompile or disassemble the DocuShare Flex App, except and only to the extent that applicable law expressly permits, despite this limitation;

   6. make more copies of the DocuShare Flex App than specified in this Agreement or allowed by applicable law, despite this limitation;

   7. publish or otherwise make the DocuShare Flex App available for others to copy;

   8. rent, lease or lend the DocuShare Flex App; or

   9. transfer the DocuShare Flex App or this Agreement to any third party.

5. DOCUMENTATION. If documentation is provided with the DocuShare Flex App, you may copy and use the documentation for your internal, reference purposes.

6. EXPORT RESTRICTIONS. The DocuShare Flex App 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 DocuShare Flex App. These laws include restrictions on destinations, end users and end use. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

7. SUPPORT SERVICES. The DocuShare Flex App is provided “as is.” Contact the DocuShare Flex App Provider to determine if any support services are available. Your Phone Provider, your phone manufacturer, and your wireless carrier have no obligation whatsoever to furnish any maintenance and support services for the DocuShare Flex App.

8. ENTIRE AGREEMENT. This Agreement, and the terms of supplements and updates are the entire agreement for the DocuShare Flex App.

9. APPLICABLE LAW.

   1. United States. If you acquired the DocuShare Flex App in the United States, New York state law governs the interpretation of this Agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.

   2. Outside the United States. If you acquired the DocuShare Flex App in any other country, the laws of that country apply.

10. LEGAL EFFECT. This Agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the DocuShare Flex App Provider from whom you acquired the DocuShare Flex App. This Agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.

11. DISCLAIMER OF WARRANTY. THE DOCUSHARE FLEX APP IS LICENSED AND PROVIDED “AS-IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” YOU BEAR THE RISK OF USE. THE DOCUSHARE FLEX APP PROVIDER, ON BEHALF OF ITSELF, THE CONTENT MANAGEMENT SERVICE PROVIDER, PHONE PROVIDER, WIRELESS CARRIERS OVER WHOSE NETWORK THE DOCUSHARE FLEX APP IS DISTRIBUTED, AND EACH OF OUR RESPECTIVE AFFILIATES AND SUPPLIERS (“DISTRIBUTORS”), GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS UNDER OR IN RELATION TO THE DOCUSHARE FLEX APP. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, DISTRIBUTORS EXCLUDE ANY IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

12. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, YOU CAN RECOVER FROM THE DOCUSHARE FLEX APP PROVIDER ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE DOCUSHARE FLEX APP. YOU AGREE NOT TO SEEK TO RECOVER ANY DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM PHONE PROVIDER OR ANY DISTRIBUTOR. This limitation applies to: anything related to the DocuShare Flex App, services made available through the DocuShare Flex App, or content (including code) on third party internet sites; and claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. This limitation also applies even if repair, replacement or a refund for the DocuShare Flex App does not fully compensate you for any losses; or DocuShare Flex App Provider knew or should have known about the possibility of the damages.

13. Indemnification. You agree to indemnify, defend and hold harmless DocuShare Flex App Provider, its officers, directors, employees, agents and affiliates from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of or relating to any violation of this Agreement or any activity related to use of the DocuShare Flex App (including but not limited to negligent or wrongful conduct) by you or any other person accessing the DocuShare Flex App on your behalf.

14. Termination. DocuShare Flex App Provider reserves the right to make changes to the terms of this Agreement with or without notice from time to time. If you do not agree to the new terms, then you must cease use of the DocuShare Flex App. This Agreement and the license granted hereunder may be terminated by DocuShare Flex App Provider without notice if you materially breach any of the terms or conditions herein. If this Agreement terminates, all rights granted to you by this agreement will automatically terminate and you will cease to have any rights to use the DocuShare Flex App.

15. Contact. Questions, complaints or claims with respect to the DocuShare Flex App should be directed to: Xerox Corporation, 401 Merritt 7, Norwalk, CT, 06851-1069 or docushare.support@xerox.com

END OF TERMS AND CONDITIONS