1. Applications Covered

This Agreement governs the use of the following mobile applications:

• LabelForge
• LabelScan

2. Grant of License

This Agreement governs the use of the following mobile applications:

Subject to your compliance with this Agreement, Licensor grants you a limited, non-exclusive, non-transferable, non-sublicensable, per-device license to install and use the Software on one Android device for its intended business purposes.

This license may not be transferred to any other individual, company, organization, or entity. All rights not expressly granted are reserved by Licensor.

3. License Restrictions

You agree that you will not, directly or indirectly:

• Reverse engineer, decompile, disassemble, or attempt to derive the source code
• Modify, adapt, translate, or create derivative works
• Circumvent or attempt to bypass licensing or security mechanisms
• Rent, lease, lend, sell, sublicense, assign, distribute, or otherwise transfer the Software
• Share the application APK, binaries, or access credentials
• Use the Software for unlawful, unauthorized, or prohibited purposes

4. Ownership

The Software is licensed, not sold.

All title, ownership rights, and intellectual property rights in and to the Software, including all copies, modifications, and updates, remain the exclusive property of Proud Bay Studio, Inc.

5. Commercial Terms

• The Software is offered as a one-time purchase, unless otherwise agreed in writing.
• Optional annual maintenance or support fees may be offered separately.
• Major upgrades (e.g., v2, v3, and beyond) may require additional purchase.
• Pricing, payment terms, and maintenance agreements are separate from this Agreement unless explicitly incorporated by written contract.

6. Data Storage & Privacy

• The Software stores customer operational data locally on the device for printing and inventory counting purposes.
• Inventory counts and related data may be transmitted via web services to the Licensee’s own backend existing systems.
• Licensor does not control or manage Licensee backend systems.
• Licensee is responsible for ensuring compliance with all applicable data protection and privacy laws related to their data.

7. Activity Logging and Usage Monitoring

The Application may collect and store limited usage and operational information generated through normal operation of the Application (“Activity Data”).

Activity Data may include, but is not limited to:

• Application name and version
• Functional module or feature area generating the activity
• Application interaction and usage events
• Timestamps associated with actions performed within the Application
• Upload and download events
• Error, crash, and diagnostic information
• Technical device information, such as operating system version, device model, and application version
• Organizational or deployment identifiers, such as a location or site identifier
• Role or permission level associated with the Application session (for example, administrative or standard access)

Purpose of Collection

Collected Activity Data may be analyzed to evaluate application behavior and improve reliability, particularly following new releases or updates, and is collected solely for purposes including application functionality, performance monitoring, security, auditing, license management, and operational oversight.

Role and organizational identifier information does not identify individual users.

The Application does not collect or record authentication credentials or personal identifiers as part of Activity Data.

Activity Data may be stored locally on the device and may be transmitted securely during normal application operations, such as data uploads or synchronization.

Use of the Application constitutes acknowledgment of the Activity Data collection and use practices described in this Agreement.

8. Updates & Support

• Software updates are optional
• Bug fixes may be provided at Licensor’s discretion
• Delivery timing of updates and fixes is determined solely by Licensor
• Licensor is not obligated to provide support unless covered by a separate support agreement

9. Warranty Disclaimer

THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• UNINTERRUPTED OR ERROR-FREE OPERATION

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• LICENSOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES
• INCLUDING LOSS OF PROFITS, DATA LOSS, BUSINESS INTERRUPTION, OR SYSTEM FAILURE
• EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES

LICENSOR’S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY LICENSEE FOR THE SOFTWARE.

11. Termination

This Agreement is effective until terminated.

Licensor may terminate this Agreement immediately if:

• You violate any term of this Agreement
• Required fees are not paid
• Unauthorized use or distribution is detected

Upon termination, you must cease all use of the Software and uninstall all copies.

12. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles.

13. Dispute Resolution – Arbitration

Any dispute arising out of or relating to this Agreement shall be resolved by binding arbitration conducted in the State of Texas, in accordance with applicable arbitration rules.

Each party shall bear its own legal costs unless otherwise required by law.

14. Severability

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15. Entire Agreement

This Agreement constitutes the entire agreement between the parties regarding the Software and supersedes all prior agreements or understandings.

16. Contact Information

Proud Bay Studio, Inc.
170 Willow View Way
Princeton, TX 75407
United States

Contact: Mark Stuart
Email: marks@proudbaystudio.com

Acceptance

By installing or using the Software, you acknowledge that you have read, understood, and agree to be bound by this Agreement.