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Licensee User may use the Mobile Application only on a Licensee -owned and controlled Apple or Android mobile device that
<br />Licensee assigns to the specified Licensee User. Licensee and Licensee Users are not permitted to use the Mobile Application for
<br />any purpose except in connection with Licensee's separate license to the Software, consistent with the INFOR- provided applicable
<br />documentation and only as permitted under the Agreement and the Apple Terms of Use and the Google Terms of Service, as
<br />applicable. If any Licensee User ceases to be affiliated with and otherwise authorized by Licensee to use the Mobile Application
<br />or Software for any reason, Licensee will immediately terminate all access by such Licensee User to the Mobile Application and
<br />the Software. INFOR may audit Licensee's use of the Software and the Mobile Application and its compliance with the terns of
<br />the Agreement and the Apple Terms of Use and the Google Terms of Service, as applicable. Any rights not expressly granted in
<br />this Supplement are expressly reserved.
<br />4. Intellectual Property. INFOR retains all ownership and intellectual property rights in the Mobile Application, Licensee and Licensee
<br />Users may not: (a) modify the Mobile Application; (b) Is or make the Mobile Application available to any third party; (c) use
<br />the Mobile Application to provide third party training for INFOR products; (d) assign the Agreement or the EULA or transfer the
<br />Mobile Application or any interest thereto to any other individual or entity; (d) decomptle, disassemble or reverse engineer (except
<br />to the extent permitted by applicable law) the Mobile Application; (1) create derivative works based on the Mobile Application; or
<br />(g) use any INFOR name, trademark or logo.
<br />5. Warrant , THE MOBILE APPLICATION IS LICENSED "AS IS," WITHOUT ANY WARRANTY WHATSOEVER. INFOR
<br />MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE MOBILE APPLICATION, IN WHOLE OR
<br />IN PART, OR ANY OTHER MATTER RELATING TO THIS AGREEMENT, INFOR EXPLICITLY DISCLAIMS ALL
<br />WARRANTIES OF NON- INFRINGEMENT, MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE.
<br />INFOR EXPRESSLY DOES NOT WARRANT THAT THE MOBILE APPLICATION, IN WHOLE OR IN PART, WILL BE
<br />ERROR FREE, WILL OPERATE WITHOUT INTERRUPTION, WILL BE COMPATIBLE WITH ANY HARDWARE OR
<br />SYSTEMS SOFTWARE CONFIGURATION, OR WILL MEET LICENSEE'S OR LICENSEE USERS' REQUIREMENTS.
<br />LICENSEE AND LICENSEE USERS ASSUME ALL RISKS ASSOCIATED WITH THE USE OF THE MOBILE
<br />APPLICATION, INCLUDING WITHOUT LIMITATION RISKS RELATING TO QUALITY, AVAILABILITY,
<br />PERFORMANCE, DATA LOSS, SECURITY AND USE IN A PRODUCTION ENVIRONMENT. LICENSEE AND LICENSEE
<br />USERS EXPRESSLY ACKNOWLEDGE AND AGREE THAT AVAILABILITY OF THE MOBILE APPLICATION IS
<br />SUBJECT TO APPLE'S SOLE DISCRETION AS THE OPERATOR OF THE APPLE APP STORE, AND GOOGLE'S SOLE
<br />DISCRETION AS THE OPERATOR OF THE GOOGLE PLAY STORE (AS APPLICABLE) AND INFOR RESERVES THE
<br />RIGHT TO CHANGE, SUSPEND, LIMIT, REMOVE OR DISABLE ACCESS TO THE MOBILE APPLICATION AND ITS
<br />FEATURES AND FUNCTIONS AT ANY TIME WITHOUT NOTICE. NEITHER, APPLE NOR GOOGLE HAS ANY
<br />WARRANTY OBLIGATION WITH RESPECT TO THE SOFTWARE AND THE MOBILE APPLICATION.
<br />G. Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL INFOR BE LIABLE TO LICENSEE,
<br />LICENSEE USERS OR TO ANY THIRD PARTY FOR ANY DAMAGES ARISING IN CONNECTION WITH USE OR
<br />INABILITY TO USE THE MOBILE APPLICATION OR IN CONNECTION WITH INFOR'S PROVISION OF OR FAILURE
<br />TO PROVIDE SERVICES PERTAINING TO THE MOBILE APPLICATION, OR AS A RESULT OF ANY DEFECT IN THE
<br />MOBILE APPLICATION, OR AS A RESULT OF ANY CHANGE, SUSPENSION, REMOVAL OR DISABLING OF ACCESS
<br />TO THE MOBILE APPLICATION. THIS DISCLAIMER OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF
<br />ACTION THAT MAY BE BROUGHT AGAINST INFOR, WHETHER IN CONTRACT OR TORT, INCLUDING WITHOUT
<br />LIMITATION ANY ACTION FOR NEGLIGFNCF, PRODUCT LIABILITY, FAILURE OF THE MOBILE APPLICATION TO
<br />CONFORM TO ANY LEGAL OR REGULATORY REQUIREMENT OR CLAIMS ARISING UNDER CONSUMER
<br />PROTECTION OR SIMILAR LEGISLATION. LICENSEE'S AND LICENSEE USER'S SOLE, REMEDY FOR BREACH OF
<br />THIS SUPPLEMENT BY INFOR OR FOR ANY OTHER CLAIM RELATED TO THE MOBILE APPLICATION OR THIS
<br />SUPPLEMENT SHALL BE TERMINATION OF THIS SUPPLEMENT AND THE FULA. NOTWITHSTANDING ANYTHING
<br />TO THE CONTRARY HEREIN, UNDER NO CIRCUMSTANCES SHALL INFOR AND ITS LICENSORS BE LIABLE TO
<br />LICENSEE, LICENSEE USERS OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL,
<br />CONSEQUENTIAL OR INDIRECT DAMAGES, LOSS OF GOOD WILL OR BUSINESS PROFITS, WORx STOPPAGE,
<br />DATA LOSS, COMPUTERFAILURE OR MALFUNCTION, ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSS,
<br />OR EXEMPLARY OR PUNITIVE DAMAGES,
<br />7. Indemnification. INFOR will defend, inclemnify and hold Licensee harmless from and against any loss, cost and expense that
<br />Licensee incur because of a third party claim that rue of the Mobile Application as permitted under this Agreement and the Apple
<br />Terns of Use and the Google Terms of Service (as applicable) infringes any copyright of. others. INFOR's obligations under this
<br />indemnification are expressly conditioned on the following: (i) L[emsee must promptly notify INFOR of any such claim; (ii)
<br />Licensee must in writing grant INFOR sole conbul of the, defense of any such claim and of all negotiations for its settlement or
<br />Order Foam (CPQ- English -US May 2015) OP- 02110385 SQ6003605_1 KMM vl 12W2015 Page 5 of 7
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