mobile.dev inc.

PLATFORM TERMS OF SERVICE

1. DESCRIPTION AND ACCESS.

• 1.1 Description. These Terms and Conditions (this “Agreement”) govern access to and use of the mobile.dev platform comprised of (a) hosted or cloud-based software solutions (“Hosted Services”) made available through user interface or application programming interface(s) (“API”), (b) installable software (“Software”), (c) support and maintenance services related to the Hosted Services or Software (“Support Services”), and (d) implementation, training, consultation, and other professional services (“Professional Services”).

• 1.2 Orders and Access. This Agreement is incorporated into each ordering document that mobile.dev and each of its customers (“Customer”) execute or that mobile.dev offers on a webpage and that a Customer accepts, in each case listing and specifying details of licensed software and purchased services (“Order Form”). The term “Order Form” means an Order Form incorporating the terms of this Agreement. In the event of a conflict between the terms of this Agreement and the terms of an Order Form, the terms of such Order Form will prevail to the extent of such conflict.

• 1.3 Service Term. Subject to Customer’s payment of applicable fees and compliance with the terms of each Order Form, during the subscription period specified in the applicable Order Form (“Service Term”), mobile.dev will make the applicable Hosted Services and Software (collectively, “mobile.dev Properties”) available to Customer on a non-exclusive, non-sublicensable, non-transferable basis, only for the purpose of supporting Customer’s internal business. The mobile.dev Properties may be used only by one or more named individuals who are authorized to use the mobile.dev Properties under a valid subscription or other right granted by mobile.dev to Customer, and who have been supplied access to the mobile.dev Properties via a user identification and password by Customer or mobile.dev (“Authorized User”). mobile.dev will not materially decrease the functionality of the mobile.dev Properties during the Service Term.

• 1.4 Installable Software License. Subject to any scope of use and other terms and conditions stated in the applicable Order Form, mobile.dev grants Customer a non-exclusive, non-sublicensable, and non-transferable license to install and use the Software during the applicable Service Term. Unless otherwise specified in the applicable Order Form, Customer may install one production instance of the Software on systems owned or operated by Customer (or its third-party service providers so long as Customer remains responsible for such providers’ compliance with the terms and conditions of this Agreement) and use the Software on supported operating systems in accordance with the Software documentation.

• 1.5 API. The Hosted Services may be made available via API. Prior to access, Customer must register and receive an API key and other credentials. Customer must provide complete and accurate information as a part of such registration. Customer may use API to access the Hosted Services only as permitted herein and in accordance with applicable service documentation. Customer agrees to keep its API key and credentials confidential and to not share them with any third-party. Customer will notify mobile.dev immediately in the event that it loses its API key or learns that it has been used by an unauthorized person or in an unauthorized manner. mobile.dev may, but is not obligated to, release subsequent updated versions of its API and to require Customer to obtain and use the most recent version. mobile.dev may remove and cease supporting previous versions of the API.

• 1.6 Security/Data Integrity. During the Service Term, mobile.dev will maintain reasonable administrative, physical, and technical safeguards designed for the protection, confidentiality, and integrity of Customer Data at least as rigorous as the safeguards mobile.dev employs to protect its own data. If mobile.dev detects or becomes aware of any breaches of security or unauthorized access affecting Customer Data, mobile.dev will promptly report such security breach or unauthorized access to Customer. “Customer Data” means all data and information submitted or otherwise transmitted or delivered to the Hosted Services by Customer, its agents or permitted service providers.

• 1.7 Professional Services. mobile.dev may perform Professional Services as described in an Order Form or related statement of work. mobile.dev will provide such resources and utilize such mobile.dev employees and consultants as mobile.dev deems necessary to perform such services. If mobile.dev utilizes subcontractors, mobile.dev will be responsible, subject to the terms of this Agreement, for the breaches of this Agreement by such subcontractors as if it had breached this Agreement itself. Unless otherwise agreed in an Order Form, any software or other materials developed by mobile.dev during the provision of such services will be owned by mobile.dev. mobile.dev hereby grants to Customer a non-exclusive right to access, copy, modify, and use such developed materials solely for purposes of accessing and using the mobile.dev Properties as permitted by this Agreement.

2. CUSTOMER OBLIGATIONS.

• 2.1 Restrictions. mobile.dev Properties are to be used solely for Customer’s internal business purposes relating to development and performance monitoring of Customer software applications and services. Customer will not attempt to interfere with or disrupt the Hosted Services or attempt to gain access to any systems or networks that connect to the Hosted Services except as required to access and use the Hosted Services. Customer will not permit access to the Hosted Services by any third-party.

• 2.2 Acceptable Use Policies. Customer will use the mobile.dev Properties exclusively for authorized and legal purposes, consistent with all applicable laws, regulations and the rights of others. Customer will use the mobile.dev Properties only in compliance with mobile.dev’s policies then in effect. Customer will keep confidential and not disclose to any third-party any user identifications, account numbers, or account profiles. Customer is solely responsible for all activities that occur in Customer’s or its users’ account(s) and for the security of any Customer and user passwords. Unless otherwise expressly permitted by mobile.dev, Customer will not (a) sublicense, sell, transfer, assign, distribute or otherwise grant or enable access to the mobile.dev Properties in a manner that allows access or use of the mobile.dev Properties by an individual who is not an Authorized User, or unpermitted commercial exploitation of the mobile.dev Properties; (b) copy, modify, or create derivative works based on the mobile.dev Properties (for the sake of clarity, inputting Customer Data is not considered a creation of a derivative work); (c) reverse engineer or decompile the mobile.dev Properties (except to the extent such prohibition is not permitted by law and then only if mobile.dev fails to provide permitted interface information within a reasonable period of time after Customer’s written request); (d) copy any features, functions or graphics of the mobile.dev Properties; (e) allow Authorized User subscriptions to be shared or used by more than one individual Authorized User (except that Authorized User subscriptions may be reassigned to new Authorized Users replacing individuals who no longer use the mobile.dev Properties for any purpose, whether by termination of employment or other change in job status or function); (f) access or use the mobile.dev Properties except as expressly permitted under an Order Form; or (g) access or use the mobile.dev Properties (i) to send or store infringing, obscene, threatening, or otherwise unlawful material, including material violative of third-party privacy rights; (ii) to send or store material knowingly or intentionally containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, or agents; (iii) in a manner that interferes with or disrupts the integrity or performance of the mobile.dev Properties (or the data contained in the Hosted Service); or (v) to gain unauthorized access to the Hosted Service (including unauthorized features and functionality) or its related systems or networks.

• 2.3 Personal Data. Customer acknowledges that Customer is responsible for obtaining all necessary consents and permissions for submission of Customer Data and processing instructions to mobile.dev. Customer will not permit sensitive information (including government issued identification numbers, financial account information, payment card information and personal health information) to be delivered to the Hosted Service except with mobile.dev’s prior written approval.

• 2.4 Marketing. Customer will comply with reasonable requests of mobile.dev to support public relations efforts pertaining to the mobile.dev Properties, which efforts may include: (a) a press release highlighting Customer’s use of the mobile.dev Properties; (b) participation in targeted press and analyst interviews highlighting the benefits of implementing the mobile.dev Properties; and (c) participation in customer case studies developed by mobile.dev and used on the mobile.dev websites and other collateral, provided however that mobile.dev will not engage in any of the activities described in this Section without Customer’s prior written approval, which will be timely given and not unreasonably withheld.

• 2.5 Enforcement. mobile.dev may suspend or terminate any user’s access to the mobile.dev Properties upon notice to Customer in the event that mobile.dev reasonably determines that such user has violated the terms and conditions of this Agreement or that such access is having a materially detrimental impact on mobile.dev, Customer, any other mobile.dev customer, or the public.

3. FEES; PAYMENT.

• 3.1 Fees. Customer will pay all fees and charges to Customer’s account pursuant to the applicable Order Form as invoiced by mobile.dev. mobile.dev may change the amount of fees or institute new fees at any time upon notice to Customer provided by email, through the service, or otherwise. Unless otherwise expressly agreed, such changes or new fees will become effective upon beginning of the next renewal or other service period, and if there is no established service period under an Order Form, then 30 days after delivery of such notice to Customer. Unless otherwise set forth in an Order Form, amounts are due and payable within 30 days following the date of invoice. Except as otherwise specified in an Order Form, (a) fees will be invoiced in US Dollars annually in advance of service, (b) fees are based on the Service Term purchased as indicated in an Order Form and not actual usage, (c) payment obligations are non-cancelable and fees paid are non-refundable unless otherwise provided herein, and (d) the number of subscriptions purchased will not be decreased during the relevant Service Term. If Customer believes that mobile.dev has invoiced Customer incorrectly, Customer will contact mobile.dev Customer Support no later than 60 days after the closing date on the first billing statement in which the claimed error or problem appeared, in order to be eligible for credit or other adjustment. Customer will provide mobile.dev with complete and accurate billing and contact information, and update such information as needed by contacting mobile.dev Customer Support.

• 3.2 Taxes. All fees are exclusive of all applicable taxes, levies, or duties, and Customer will be responsible for payment of all such taxes, levies, or duties, excluding taxes based solely on mobile.dev’s income. Customer will pay all fees to free and clear of, and without reduction for, any VAT, GST, withholding, or similar taxes; any such taxes imposed on payments of fees will be Customer’s responsibility, and Customer will provide receipts issued by the appropriate taxing authority to mobile.dev on request to establish that such taxes have been paid.

• 3.3 Effect of Nonpayment. This Agreement and Customer’s access to the Service may be suspended or terminated if Customer’s account falls into arrears. Unpaid amounts may be subject to interest at the lesser of 1.5% per month or the maximum permitted by law plus all collection costs. Suspension will not relieve Customer’s obligation to pay amounts due for the full Service Term. Upon termination of this Agreement for failure to pay fees, Customer will pay the balance due on Customer’s account.

4. OWNERSHIP; DATA; FEEDBACK; STATISTICAL DATA. As between mobile.dev and Customer, the mobile.dev Properties, and all intellectual property rights therein or relating thereto, are and will remain the exclusive property of mobile.dev or its licensors. mobile.dev reserves all rights not expressly granted in this Agreement. Customer hereby grants to mobile.dev a non-exclusive license to use, reproduce, distribute copies of and make available the Customer Data as necessary to provide the mobile.dev Properties. Customer owns all right, title, and interest in and to the Customer Data. Customer grants to mobile.dev a royalty-free, worldwide, transferable, sub-licensable, irrevocable, and perpetual license to incorporate and use, commercialize and distribute with the mobile.dev Properties or other mobile.dev products or services any suggestions, recommendations or other feedback specifically relating to the mobile.dev Properties as Customer in its discretion may elect to provide and to create derivate works of the same. mobile.dev may remove or delete Customer Data within a reasonable period of time after the termination of the Service Term. Notwithstanding anything to the contrary in this Agreement or elsewhere, mobile.dev may monitor Customer’s use of the mobile.dev Properties, analyze Customer Data, and compile statistical and performance information related to the provision and operation of the mobile.dev Properties. mobile.dev may make such statistical and performance information publicly available in an anonymized and aggregated manner, provided that such information does not identify Customer or include identifiable Customer Data or Customer Confidential Information. mobile.dev retains all intellectual property rights in such statistical and performance information.

5. CONFIDENTIALITY.

• 5.1. Definition. “Confidential Information” means any business or technical information disclosed by one party to the other party that: (a) if disclosed in writing, is marked “confidential” or “proprietary” at the time of disclosure; (b) if disclosed orally, is identified as “confidential” or “proprietary” at the time of disclosure, and is summarized in a writing sent by the disclosing party to the receiving party within 30 days after any such disclosure; or (c) under the circumstances, a person exercising reasonable business judgment would understand to be confidential or proprietary. For clarity, Customer Data is considered to be Confidential Information of Customer.

• 5.2. Exclusions. The obligations and restrictions set forth below will not apply to any information that: (a) is or becomes generally known to the public through no fault of or breach of this Agreement by the receiving party; (b) is rightfully known by the receiving party at the time of disclosure; (c) is independently developed by the receiving party without use of the disclosing party’s Confidential Information; or (d) the receiving party rightfully obtains from a third party who has the right to disclose such information without breach of any confidentiality obligation to the disclosing party.

• 5.3. Use and Nondisclosure. A receiving party will not use the disclosing party’s Confidential Information except as necessary for the performance or enforcement of this Agreement and will not disclose such Confidential Information to any third party except to those of its employees and subcontractors who have a bona fide need to know such Confidential Information for the performance or enforcement of this Agreement; provided that each such employee and subcontractor is bound by a written agreement that contains use and disclosure restrictions consistent with the terms set forth in this Section. Each receiving party will protect the disclosing party’s Confidential Information from unauthorized use and disclosure using efforts equivalent to or better than the efforts that the receiving party ordinarily uses with respect to its own confidential information and in no event less than a reasonable standard of care.

• 5.4. Permitted Disclosures. The provisions of this Section will not restrict either party from disclosing Confidential Information pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided that the party required to make such a disclosure gives reasonable notice to the other party to enable it to contest such order or requirement or limit the scope of such request. The party responding to such an order or requirement will only disclose that information that is expressly required.

6. WARRANTIES; DISCLAIMERS.

• 6.1. By Each Party. Each party represents and warrants that it has the power and authority to enter into this Agreement and that its respective provision and use of the Service is and will be in compliance with laws applicable to such party.

• 6.2. By mobile.dev. mobile.dev warrants and represents that the applicable mobile.dev Property, when used in accordance with the documentation provided by mobile.dev (the “Documentation”) and this Agreement, will substantially conform to the specifications for such property expressly set forth in the Documentation during the Service Term. Customer’s sole and exclusive remedy and mobile.dev’s entire liability for any breach of this Section shall be as follows: mobile.dev will have 60 days after written notice to deliver a correction that resolves the nonconformity of the property with this Section or shall refund to Customer any prepaid fees paid under this Agreement in a prorated amount based on the remaining days in the Service Term, and all remaining obligations under this Agreement will terminate. mobile.dev warrants and represents that Professional Services will be performed in a professional and workmanlike manner in accordance with generally accepted industry standards.

• 6.3. By Customer. Customer represents and warrants that Customer has the right to deliver or have delivered the Customer Data to mobile.dev and otherwise process the Customer Data through the mobile.dev Properties in connection with this Agreement, that Customer’s instructions for use of Customer Data in the Hosted Services do not and will not violate the terms or conditions of this Agreement, any other agreement, or applicable law, and that Customer Data does not and will not infringe or misappropriate any third party’s copyright, trademark, trade secret, or data or privacy rights.

• 6.4. WARRANTY DISCLAIMERS. CUSTOMER ACKNOWLEDGES THAT THE RESULTS OF THE HOSTED SERVICE AND SOFTWARE, INCLUDING DATA AND ANALYSIS, (“SERVICE DATA”) MAY CONTAIN ERRORS AND ARE NOT SUITABLE FOR ALL PURPOSES. CUSTOMER, AND NOT mobile.dev, IS RESPONSIBLE FOR DETERMINING WHETHER SERVICE DATA IS SUFFICIENTLY ACCURATE FOR THE PURPOSE USED BY CUSTOMER AND mobile.dev AND ITS SUPPLIERS MAKE NO WARRANTY AS TO THE ACCURACY OR CONTENT OF SERVICE DATA. CUSTOMER ACKNOWLEDGES THAT THE SERVICE MAY CONTAIN ERRORS, BUGS, AND OTHER DEFECTS. EXCEPT AS EXPRESSLY WARRANTED ABOVE, ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY mobile.dev AND ITS SUPPLIERS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND THE mobile.dev PROPERTIES, SUPPORT SERVICES AND PROFESSIONAL SERVICES ARE PROVIDED “AS IS.” THE FOREGOING WARRANTIES DO NOT APPLY TO ANY mobile.dev PROPERTIES OR PROFESSIONAL SERVICES PROVIDED ON A FREE OR EVALUATION BASIS, WHICH ARE PROVIDED “AS IS,” EXCLUSIVE OF ANY WARRANTY WHATSOEVER. mobile.dev AND ITS SUPPLIERS DISCLAIM ALL LIABILITY RELATED TO DELAYS, DELIVERY FAILURES, INTERCEPTION, ALTERATION OR OTHER DAMAGE RESULTING FROM PROBLEMS INHERENT IN THE USE OF THE INTERNET, MOBILE AND PERSONAL COMPUTING DEVICES, AND TRANSMISSION OF ELECTRONIC COMMUNICATIONS OVER THE INTERNET OR OTHER NETWORKS AND FOR ANY OTHER CAUSES OUTSIDE OF ITS CONTROL.

7. INDEMNITY.

• 7.1. Indemnity by mobile.dev. mobile.dev will defend any suit or action brought against Customer to the extent that it is based upon a third-party claim that the mobile.dev Properties or result of the Professional Services, as provided by mobile.dev to Customer pursuant to this Agreement, infringes any patent, copyright, trade secret, or other intellectual property right of any third party, and will pay any costs, damages and reasonable attorneys’ fees attributable to such claim, including any award in final judgment against or paid in settlement by Customer. If mobile.dev becomes aware of a claim alleging infringement or misappropriation, or mobile.dev reasonably believes such a claim will occur, mobile.dev may, at its sole option: (a) obtain for Customer the right to continue use of the property or other deliverable; (b) replace or modify the mobile.dev Property or other deliverable so that it is no longer infringing; or, (iii) if neither (a) nor (b) is reasonably available to mobile.dev, terminate the applicable Order Form, in which case mobile.dev’s sole liability (in addition to the indemnification obligations set out in this Section) is to refund to Customer a prorated amount of any prepaid fees for the mobile.dev Properties applicable to the remaining period (from the date mobile.dev is notified of the infringement claim by Customer) in the then-current Service Term.

• 7.2. Indemnity by Customer. Customer will defend any suit or action brought against mobile.dev to the extent that it is based upon breach by Customer of Sections 2.1 (Restrictions) or 2.2 (Acceptable Use) or on a claim that the Customer Data, as provided by Customer to mobile.dev, infringes any patent, copyright, trade secret, or other intellectual property right of any third party, or violates any data protection or privacy law or regulation and will pay any costs, damages and reasonable attorneys’ fees attributable to such claim, including any award in final judgment against or paid in settlement by Customer.

• 7.3. Indemnity Process. Each party’s indemnification obligations are conditioned on the indemnified party: (a) promptly giving written notice of the claim to the indemnifying party; (b) giving the indemnifying party sole control of the defense and settlement of the claim; and (c) providing to the indemnifying party all available information and assistance resulting from the claim, at the indemnifying party’s request and expense. The indemnified party may participate in the defense of the claim, at the indemnified party’s sole expense (not subject to reimbursement). Neither party may settle any claim that includes a financial or specific performance obligation on, or admission of liability by, the party against whom the claim is brought without that party’s prior written consent. THE PROVISIONS OF THIS SECTION SET FORTH EACH PARTY’S SOLE AND EXCLUSIVE OBLIGATIONS AND REMEDIES WITH RESPECT TO INFRINGEMENT OR MISAPPROPRIATION OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS OF ANY KIND.

8. TERM AND TERMINATION.

• 8.1. Term and Termination. Each Order Form will commence on its execution by the parties and unless terminated earlier in accordance with its terms will remain in force and effect for the Service Term set forth therein (“Initial Service Term”). Unless otherwise set forth in the applicable Order Form, the Service Term will automatically renew for additional periods of the same duration as the Initial Service Term (each, a “Renewal Term”) unless either party provides at least 45 days written notice of non-renewal to the other party. Unless otherwise set forth in the applicable Order Form, the fees applicable to any Renewal Term will be as notified by mobile.dev to Customer (by email, through the Service, or otherwise) no less than 60 days prior to the conclusion of the then-current term and if no such fee notice is provided by mobile.dev, then fees charged by mobile.dev for the Renewal Term will be those on its then-current price list. An Order Form will terminate in the event of breach of a material term of this Agreement by a party 30 days after written notice of such breach by the other party, unless the breaching party cures such breach within such period. Either party may terminate an Order Form immediately upon written notice in the event the other party (a) becomes insolvent or files or has filed against it a petition in bankruptcy (which is not dismissed within 30 calendar days after it is filed); (b) makes an assignment for the benefit of creditors; or (c) dissolves or ceases to do business in the ordinary course.

• 8.2. Rights and Obligations Upon Expiration or Termination. Upon expiration or termination of an Order Form, Customer’s right to access and use the mobile.dev Properties will immediately terminate, Customer will immediately cease all use of the mobile.dev Properties, and each party will return and make no further use of any Confidential Information, materials, or other items (and all copies thereof) belonging to the other party. mobile.dev may destroy or otherwise dispose of any Customer Data in its possession unless mobile.dev receives, no later than 10 days after the effective date of the expiration or termination of this Agreement, a written request that mobile.dev continue to allow Customer access to Customer Data within the Service for a period of up to 30 days. Upon such request, mobile.dev will use reasonable efforts to permit such access.

• 8.3. Survival. The rights and obligations of mobile.dev and Customer contained in Sections 3 (Fees), 4 (Ownership and Data), 5 (Confidentiality), but only with respect to previously-disclosed Confidential Information, 6.4 (Disclaimer), 8.2 (Rights and Obligations Upon Expiration or Termination), 9 (Limitation of Liability), and 10 (General) will survive any expiration or termination of this Agreement.

9. LIMITATION OF LIABILITY. IN NO EVENT WILL mobile.dev OR ITS AFFILIATES AND ITS AND THEIR EMPLOYEES, DIRECTORS, AGENTS OR SUPPLIERS (A) BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF INCOME, DATA, PROFITS, REVENUE OR BUSINESS INTERRUPTION, OR OTHER ECONOMIC LOSS, WHETHER OR NOT ITS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ANY CLAIM FOR RECOVERY IS BASED ON THEORIES OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE AND (B) BE LIABLE TO ANY PARTY IN CONNECTION WITH THIS AGREEMENT OR CUSTOMER’S ACCESS TO AND USE OF THE mobile.dev PROPERTIES AND SERVICES IN AN AMOUNT GREATER THAN THE AMOUNTS PAID BY CUSTOMER TO mobile.dev IN THE 12-MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO LIABILITY. THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT INCREASE SUCH AGGREGATE LIMIT.

10. GENERAL. This Agreement and all matters arising out of or relating to this Agreement will be governed by the laws of the State of California, without regard to its conflict of law provisions. Any legal action or proceeding relating to this Agreement may be brought on a non-exclusive basis in courts located in San Francisco County (if state court) or the Northern District of California (if federal court)]. mobile.dev and Customer hereby agree to submit to the jurisdiction of, and agree that venue is proper in, those courts in any such legal action or proceeding. The waiver by either party of any default or breach of this Agreement will not constitute a waiver of any other or subsequent default or breach. In the event any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect. All notices, including notices of address change, required to be sent hereunder will be in writing and will be sent to the addresses set forth above or delivered in person. The notices will be deemed to have been given upon: (a) the date actually delivered in person; (b) the day after the date sent by overnight courier; or (c) three (3) days following the date such notice was mailed by first class mail. Neither party will be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder (except for the payment of money) on account of events beyond the reasonable control of such party, which may include without limitation denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes and material shortages (each a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, the non-performing party will be excused from any further performance of its obligations affected by the Force Majeure Event for so long as the event continues and such party continues to use commercially reasonable efforts to resume performance. Nothing in this Agreement will be construed to create a partnership, joint venture or agency relationship between the parties. Neither party will have the power to bind the other or to incur obligations on the other’s behalf without such other party’s prior written consent. Customer may not assign or transfer this Agreement, in whole or in part, without mobile.dev’s prior written consent. mobile.dev may freely assign or transfer this Agreement and any Order Form by operation of law or otherwise. Any attempted assignment or transfer in violation of this Section will be null and void. Subject to the foregoing restrictions, this Agreement will be to the benefit of the successors and permitted assignors of the parties. This Agreement, including the Order Forms and the Exhibits, constitutes the complete and exclusive agreement between the parties concerning its subject matter and supersedes all prior or contemporaneous agreements or understandings, written or oral, concerning the subject matter of this Agreement. This Agreement may not be modified or amended except in a writing signed by a duly authorized representative of each party.