Mobile Application End User License Agreement

This EULA governs your installation and use of Molar's mobile applications, including the MolarHQ workforce application and the Molar patient portal application, together with related updates, upgrades, and Documentation. Depending on which App you use and who you are, additional terms also apply and are incorporated for you: if you use an App as a member of a dental practice's workforce, the Authorized User License and Acceptable Use Terms apply to your use of the Services through the App; if you use an App as a patient or an authorized proxy, the Patient Portal Terms of Use and the Patient Portal Privacy Notice apply. If this EULA conflicts with those terms concerning use of the underlying services, those terms control; this EULA controls for installation, device-related, and app-store matters. The dental practice or organization you interact with through an App (your employer or your dental provider) is not a party to this EULA.

Subject to this EULA, Molar grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to download, install, and use the App, in object code only, on mobile devices that you own or control, solely for the purposes permitted by the applicable Molar service terms described in Section 1, and, for Apps obtained through the Apple App Store, as permitted by the Usage Rules set forth in Apple's App Store Terms of Service (including Family Sharing or volume purchasing where applicable). The App is licensed, not sold, to you.

Except to the extent a restriction is prohibited by Applicable Law, you will not:

1. acopy the App except as reasonably necessary for permitted use and backup;
2. bmodify, translate, adapt, or create derivative works of the App;
3. creverse engineer, decompile, disassemble, or attempt to derive the source code of the App;
4. drent, lease, lend, sell, sublicense, distribute, or otherwise transfer the App to any third party;
5. eremove or alter proprietary notices;
6. fcircumvent, disable, or tamper with security, authentication, licensing, integrity, or usage-control features;
7. guse the App to develop a competing product;
8. huse the App in violation of Applicable Law or third-party rights; or
9. iuse the App with jailbroken, rooted, or otherwise compromised devices in violation of the Documentation.

The App requires valid credentials issued or authorized through the applicable Molar service. You are responsible for safeguarding your device and credentials, using available device security (passcode and supported biometric or screen-lock features), and signing out on shared devices. The App may display, transmit, or store health information. Protect your device accordingly, and do not use the App on devices or in circumstances where others may view information you are not permitted to share.

The App does not provide medical or dental advice from Molar; clinical information and communications come from, and clinical responsibility remains with, your dental provider (or, for workforce users, your organization and its licensed professionals).

The App may request device permissions, such as camera (for capturing images or documents), photo library, microphone, notifications, biometric authentication, and network access, which you may grant or revoke in your device settings; some features will not function without them. The App may collect and transmit information described in the applicable privacy notice: for patient and proxy users, the Patient Portal Privacy Notice; for workforce users, the notices referenced in the Authorized User License and Acceptable Use Terms and your organization's workforce notices. The App may send push notifications if you enable them; message and data rates from your carrier may apply to your use of the App. Molar may collect limited diagnostic, crash, performance, and security information about the App to operate, secure, and improve it.

Molar may provide updates, upgrades, patches, or new versions of the App, which may install automatically depending on your device settings, and may modify or discontinue App features. Some updates are required for security, compatibility, or legal reasons, and the App or certain features may not function until a required update is installed or if you use an unsupported operating-system version. This EULA governs all updates unless an update is accompanied by separate terms.

The App may contain or depend on third-party software, services, and content, which remain the responsibility of their providers. Open-source components included in the App are governed by their own licenses, and applicable notices are available upon request to legal@molarinc.com; to the extent an open-source license grants you broader rights for a component, that license controls for that component.

This EULA is effective when you first download, install, or use the App and continues until terminated. It terminates automatically if you breach it, when your underlying account or authorization ends, or if Molar discontinues the App. You may terminate it at any time by deleting the App. Upon termination, the license ends and you must stop using and delete the App. Sections 3, 5 (as to collected data, per the applicable privacy notice), and 9 through 13 survive.

Nothing in this EULA limits any non-waivable consumer right you have under the laws of your state of residence.

If you obtained the App from the Apple App Store, the following also apply.

This EULA is between you and Molar only, not with Apple Inc. ("Apple"); Molar, not Apple, is solely responsible for the App and its content. Your license is limited to use on Apple-branded products that you own or control, as permitted by the App Store Usage Rules. Apple has no obligation to furnish maintenance or support for the App.

In the event of a failure of the App to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) you paid for the App; to the maximum extent permitted by law, Apple has no other warranty obligation for the App, and any other warranty claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are Molar's responsibility as between Molar and Apple.

Apple is not responsible for addressing any claim by you or a third party relating to the App or your possession or use of it, including product-liability claims, claims that the App fails to conform to legal or regulatory requirements, claims under consumer-protection, privacy, or similar laws, and claims relating to the HealthKit or HomeKit frameworks if applicable. If a third party claims the App infringes its intellectual-property rights, Molar, not Apple, is responsible for the investigation, defense, settlement, and discharge of that claim to the extent required by this EULA.

You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties. You must comply with applicable third-party terms of agreement (for example, your wireless carrier's terms) when using the App. Apple and its subsidiaries are third-party beneficiaries of this EULA, and upon your acceptance, Apple has the right (and is deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary.

If you obtained the App from Google Play, this EULA is between you and Molar only; Google LLC and its affiliates ("Google") are not a party to it and are not responsible for the App or its content, maintenance, or support.

To the extent this EULA conflicts with the Google Play Terms of Service or Google Play's Developer Distribution Agreement requirements applicable to your use, the Google terms control for that conflict. Google is a third-party beneficiary of this EULA solely to the extent necessary to enforce compliance with the Google Play Terms of Service.

Export and legal compliance. You will comply with all applicable export-control and sanctions laws and will not export or re-export the App in violation of them. The App is "commercial computer software" for purposes of U.S. Government acquisition regulations, and government users receive only the rights granted to all other users under this EULA.

Governing law and venue. This EULA is governed by the laws of the State of Delaware, excluding conflict-of-law rules, except where the law of your state or country of residence necessarily applies, and nothing in this EULA deprives you of protections of the consumer-protection law of your place of residence. Exclusive venue for disputes is the state or federal courts located in New Castle County, Delaware, except that either party may seek equitable relief in any court of competent jurisdiction, and you may have the right to bring qualifying claims in small-claims court where you reside.

Updates to this EULA. Molar may update this EULA by posting a revised version with a new "Last Updated" date; material changes will be notified through the App, the app store listing, or another reasonable channel. Continued use after the effective date constitutes acceptance.

Miscellaneous. This EULA (with the terms incorporated in Section 1) is the entire agreement between you and Molar concerning the App. If a provision is unenforceable, it will be enforced to the maximum lawful extent and the remainder remains effective. Failure to enforce is not a waiver. You may not assign this EULA; Molar may assign it as part of a corporate transaction.

Contact. Molar, Inc. — legal@molarinc.com. Support: https://www.molarinc.com.