Effective as of July 1, 2025

DataLab Mobile Application Terms and Conditions

Your access and use of the DataLab Mobile App is subject to the terms and conditions currently in effect between your organization and Capital Markets Gateway (“CMG”).

In addition, Apple, Inc. requires that all mobile application end users acknowledge the below End User License Terms (“EULA”).

END USER LICENSE TERMS 

End User and CMG acknowledge that this EULA is concluded between End User and CMG only, and not with Apple. The license granted to End User for use of the mobile application(s) is non-transferable, and iOS mobile apps can only be used on Apple-branded products that End User owns or controls, except that such applications may be accessed and used by other accounts associated with End User via Family Sharing or volume purchasing. CMG is solely responsible for the CMG mobile application(s) and the content thereof. CMG is solely responsible for providing any maintenance and support services with respect to the mobile application(s). End User and CMG hereby acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application(s). CMG, not Apple, is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the mobile application(s) to conform to any applicable warranty, End User may notify Apple, and Apple will refund to End User the purchase price (if applicable) for such application. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the CMG mobile application(s), and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely CMG’s responsibility. End User and CMG acknowledge that CMG, not Apple, is responsible for addressing any claims brought by End User or any third party relating to the CMG application(s) or End User’s possession and/or use of the application(s), including, but not limited to: (i) product liability claims; (ii) any claim that the application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. End User and CMG acknowledge that, in the event of any third-party claim that the CMG mobile application(s), or End User’s possession and use thereof, infringes a third party’s intellectual property rights, CMG (not Apple) will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.  End User represents and warrants that End User is not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country.  End User represents and warrants that End User is not listed on any U.S. government list of prohibited or restricted parties. End User must comply with any applicable third-party terms and conditions when using the mobile application(s). End User and CMG acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA and that, upon End User’s acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against End User or CMG as a third-party beneficiary thereof.

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