For users under 13 years of age in the United States

Your parents’ or guardian’s approval is required BEFORE YOU CAN INSTALL OR USE the Moff Band and the Applications. When the parent or the guardian agrees to the EULA, Moff, Inc. shall then grant you a license to install and use the Moff Band and Applications subject to the EULA.

MOFF BAND

END USER LICENSE AGREEMENT

Version 1.00 Effective: September 22, 2014

This Moff Band End User License Agreement ("EULA") applies to your use of the wearable device “Moff Band” provided by Moff, Inc. ("Moff Band") and your installation or use of any and all related software components, media, printed materials, electronic documentation, etc. associated with the Moff Band that are provided by Moff Inc. (collectively, the “Applications”).

PLEASE REVIEW THE EULA THOROUGHLY AND CAREFULLY. INSTALLING OR USING THE MOFF BAND AND THE APPLICATIONS MEANS THAT YOU AGREE TO THE TERMS AND CONDITIONS OF THIS EULA.

1. LIMITED LICENSE

In order to install or use the Moff Band and/or the Applications you must first agree to the EULA and THE MOFF, INC. PRIVACY POLICY (AVAILABLE AT http://www.moff.mobi/) ("Moff Privacy Policy").

Your installation or use of the Moff Band and/or the Applications means that you agree to the EULA and the Moff Privacy Policy, and then Moff, Inc. grants you a personal, limited, non-exclusive, non-transferable license to use the Moff Band and install and use installed copies of the Applications on a device authorized by Moff, Inc. that you own and control solely for your personal non-commercial and entertainment use as set forth in the EULA.

Any rules for use of the Moff Band and the Applications described on our website (at http://www.moff.mobi/) shall constitute an integral part of this EULA. However, if there is any conflict between the rules on the website and this EULA, the EULA shall prevail over the description on the website.

You must comply with this EULA, the Moff Privacy Policy and all applicable laws regarding installation and use of the Applications.

2. SUPPORT SERVICES AND UPDATES

Moff, Inc. may provide you with support services related to the Moff Band and the Applications ("Support Services"). Any supplemental applications, software components, media, printed materials, electronic documentation, updates and upgrades provided to you as part of the Support Services shall be considered part of the Applications and subject to the terms and conditions of this EULA.

Moff, Inc. may provide you with the update or upgrade of the Applications for the Support Service without any notice. Moff, Inc. is entitled to suspend, discontinue or renew the Application, in whole or in part for the purpose of or due to (i) Inspection or maintenance of the computer system for the Support Services needs to be performed; (ii) Disruption of computers or communication lines due to an accident; (iii) Moff, Inc. becomes unable to provide the Applications due to force majeure; or (iv) Moff, Inc. determines that suspension or discontinuance is required for other reasons.

Under no circumstances shall Moff, Inc. be liable for any damages incurred by users arising out of any measures for the Support Services taken by Moff, Inc.

3. INFORMATION COLLECTION

Moff, Inc. may collect and use data from the Moff Band or the Applications in accordance with the terms of the Moff Privacy Policy.

4. RESTRICTIONS

You may use the Moff Band and the Applications for personal and non-commercial purposes only.

Any commercial use is prohibited. You are prohibited from sub-licensing, renting, publishing, copying, modifying, reverse engineering, leasing, decompiling, disassembling and taking other actions that Moff, Inc. determines to be inappropriate or harmful to the Moff, Inc., or other users to all or any portion of the Moff Band or the Applications.

You also are expressly prohibited from using software(s) to use the Moff Band or the Applications unless the software(s) are expressly authorized by Moff, Inc.

5. OWNERSHIP OF THE APPLICATIONS

The EULA grants you a right to a limited license as expressly set forth herein. The Applications are not sold to you but only licensed to you as expressly set forth herein, and you do not own the Applications.

Moff, Inc. or the licensor to Moff, Inc. reserve all rights, including without limitation, all copyrights, trademarks, patents, utility rights, design rights and other intellectual property rights related to or associated with the Moff Band and the Applications.

6. NO WARRANTIES

Moff, Inc. expressly disclaims any warranty for the Moff Band and the Applications. The Moff Band and the Applications are provided 's Is' without any express or implied warranty of any kind, including but not limited to any warranties of fitness of a particular purpose. Moff, Inc. does not warrant or assume responsibility for the accuracy or completeness of any items contained within the Applications.

The entire risk of satisfactory quality and performance resides with you. Moff, Inc. does not warrant against interference with your enjoyment of the Moff Band or the Applications.

7. LIMITATION OF LIABILITY

To the fullest extent permissible by applicable law, in no event shall Moff, Inc. be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of use of or inability to use the Moff Band or the Applications, even if Moff, Inc. has been advised of the possibility of such damages.

To the fullest extent permissible by applicable law, in no event shall Moff, Inc. be liable for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise.

In no event shall Moff, Inc.’s total liability to you for all damages (except as required by applicable law) exceed the amount actually paid by you to Moff, Inc. for the Moff Band and/or the Applications.

8. TERMINATION

Without prejudice to any other rights, Moff, Inc. may terminate this EULA or the Moff Privacy Policy immediately without providing any notice if Moff, Inc. determines that you have failed to comply with the terms and conditions of this EULA.

Promptly upon termination, you must cease all use of the Applications and destroy or delete all copies of the Applications in your possession or control. Termination shall not limit any of Moff, Inc.’s other rights or remedies at law or in equity. Sections 5, 6, 7, 8, 9, 10 of the EULA shall survive termination or expiration of the EULA for any reason.

Moff, Inc. is entitled to at any time modify or terminate the license under the EULA and the Moff Privacy Policy at its own discretion. Any amendment to this EULA or the Moff Privacy Policy by Moff, Inc. shall take effect when the Policy is posted on the Moff, Inc. website (http://www.moff.mobi/), and you shall be deemed to have agreed to such amendment if you use the Moff Band and/or the Applications after the amended Policy is posted on the Moff, Inc. website.

9. THIRD PARTY MATERIALS

The Applications may display, include or make available content, data, information or other materials from third parties or provide links to certain third party websites or third party applications (collectively, “Third Party Materials”). By using the Moff Band and/or the Applications, you acknowledge and agree that Moff, Inc. is not responsible for examining or evaluating the content, accuracy, completeness, copyright compliance, legality, quality or any other aspect of such Third Party Materials. Moff, Inc. does not warrant to you or any other person for any Third Party Materials.

10. MISCELLANEOUS STANDARD TERMS

A. Assignment. You shall not assign, transfer, grant security interests in or otherwise dispose of its status under the ESLA or its rights or obligations under the ESLA without the prior written consent of Moff, Inc.

In cases where Moff, Inc. has assigned the business regarding the Moff Band to a third party, Moff, Inc. may, as part of such assignment, assign to such third party its status under the ESLA, its rights and obligations under the Terms and Conditions of the ESLA, and the information that Moff, Inc. collects or is provided with, and you hereby agree to such assignment in advance. For the purposes of this Article, the business assignment referred to above shall include, in addition to the usual form of business assignment, a company split of Moff, Inc. or any other form of restructuring of Moff, Inc. that would result in a business transfer.

B. Governing Law and Jurisdiction. The EULA shall be governed by the laws of Japan. You expressly agree that the Tokyo District Court or Tokyo Summary Court shall have exclusive jurisdiction for any claim or action arising out of or relating to the EULA and/or your use of the Moff Band or the Applications.

You and Moff, Inc. agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to the EULA or to any dispute or transaction arising out of the EULA or the Moff Band.

C. Severability and Survival. If any provision of the EULA is illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions of the EULA shall continue in full force and effect.

These Terms and Conditions of the EULA shall be executed in the Japanese language. This English version is translation of the Japanese version (http://support.moff.mobi/moff_eula_ja.html) and the Japanese version shall be the governing language in the case of any conflict between the Japanese version (http://support.moff.mobi/moff_eula_ja.html) and this English version.