Mobile App License Agreement

PORTLAND GENERAL ELECTRIC COMPANY MOBILE APPLICATION LICENSE AGREEMENT

DOWNLOADING, INSTALLING, ACCESSING OR USING THIS PGE MOBILE APPLICATION (THE “APPLICATION”) CONSTITUTES ACCEPTANCE OF THE PGE TERMS (DEFINED BELOW), WHICH MAY BE REVISED BY PORTLAND GENERAL ELECTRIC COMPANY (“PGE”) FROM TIME TO TIME, AND IS A BINDING LICENSE AGREEMENT BETWEEN YOU AND PGE GOVERNING THE USE OF THE APPLICATION. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT YOU SHOULD UNINSTALL THIS APPLICATION IMMEDIATELY. THIS LICENSE AGREEMENT CONTAINS DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT PGE’S LIABILITY TO YOU.

Please read this License Agreement carefully before downloading or using the Application. As used herein, “Application” includes, without limitation, any services specific to the Application, software code, scripts, interfaces, graphics, displays, text, images, artwork, music or video clips, documentation and other components or content and any updates, modifications or enhancements to these items accompanying the Application or this License Agreement. “You,” “Your” and “Licensee” in this License Agreement refer to You, an individual, and/or to the company or other legal entity on whose behalf You accept this License Agreement.

This Application is licensed to You by PGE for use strictly in accordance with the terms and conditions of this License Agreement and the PGE Terms. By downloading, installing, accessing or using the Application, You are entering into and agreeing to be bound by the terms of this License Agreement, the PGE Legal Notices and Terms and Conditions of Website Use, and the PGE Mobile Application Privacy Policy, each as amended from time to time, which policies are incorporated herein by reference (collectively this License Agreement, the PGE Legal Notices and Terms and Conditions of Website Use, and the PGE Mobile Application Privacy Policy are the “PGE Terms”). If there are any inconsistencies between this License Agreement and the PGE Legal Notices and Terms and Conditions of Website Use or the PGE Mobile Application Privacy Policy and this License Agreement, this License Agreement shall take precedence with respect to the Application. If at any time after reviewing the Application You wish to terminate this License Agreement, You must un-install and remove the Application from Your device, and delete any copy in Your possession.

This License Agreement shall not have the effect of limiting, encumbering or otherwise restricting PGE’s rights and remedies or Your obligations under any other agreement between You and PGE, or waiving any restrictions on Your rights under any other agreement between You and PGE.

If PGE makes any updates, supplements, or upgrades to the Application available to You, such updates, supplements or upgrades shall be subject to the PGE Terms unless the updates, supplements, or upgrades to the Application are expressly provided to You under other, or additional terms and conditions, in which case, those other, or additional terms and conditions, shall apply.

THE APPLICATION IS NOT TARGETED TOWARDS, NOR INTENDED FOR USE BY, ANYONE UNDER THE AGE OF 18. IF YOU ARE UNDER THE AGE OF 18, YOU MAY ONLY USE THIS APPLICATION WITH THE EXPRESS CONSENT OF YOUR PARENT OR LEGAL GUARDIAN.

A. Security

You are solely responsible for maintaining the physical security of Your device and the confidentiality of Your device lock, PGE online account credentials, biometric identifiers (i.e. fingerprint, iris or face etc.) and other means to access, Your payment credentials, or any other personal and payment information on or for Your device. You should keep Your device and these credentials secure in the same manner as You would keep secure Your cash, checks, credit cards, and other personal identification numbers and passwords.

B. Privacy and Personal Information

Location Services. Please review the PGE Mobile Application Privacy Policy ccarefully to understand how PGE collects, uses and discloses the personally identifiable information You provide to PGE. PGE collects personal information such as Your username, password, personal details, device information and operating system to provide the Application to You. PGE may use Your personal information to display targeted marketing and advertising to You within the Application. PGE may also collect information about Your use of the Application to help improve the Application and our other products and services. PGE collects, stores and processes all information strictly in accordance with the PGE Mobile Application Privacy Policy.

In order to use certain Application functionality such as location-based services, You must either (a) enable location services in the Application and/or (b) set the permissions in Your mobile device to allow communication of this information. If You use such functionality, You consent to the transmission of this information to PGE and/or its agents and authorize PGE and/or its agents to record, process and store such information as necessary for the Application functionality and for the purposes of improved personalized communication and experience and accurate outage notifications, based on location. PGE may collect location data using network triangulation, GPS, and Wi-Fi IP address to determine your general device location.

C. Communication; Push Notifications

PGE sends registered customers emails related to their PGE electric service and their online account. These may include welcome messages, online transaction confirmations, customer service notices and messages required by the Oregon Public Utility Commission. Generally, customers may not opt-out of these communications. If You do not wish to receive them, You have the option to deactivate Your account. By establishing service online or by registering for a PGE online account, You agree to receive the following types of email communications: newsletters and occasional emails related to Your PGE service, including information on energy efficiency, safety and outages, surveys and promotions. You may opt out of specific types of email communications at any time using the Manage Subscriptions and Unsubscribe links provided at the bottom of each email message.

You can make changes to Your online account information, including Your profile, by visiting the Update Your Info section of the application. If You no longer wish to access Your account online, You can cancel Your online membership by following the instructions located under Cancel Online Services on the website.

When downloading the Application, You are provided the option to opt in to receive certain push notifications on Your mobile device. This may include promotional communications, offers, and account related messages pushed to Your mobile device. You may at any time opt out of receiving some or all of these optional push notifications by switching each alert setting to “off” in the Notification Preferences section within the Application. PGE also sends push notifications related to account disconnection and power interruptions. You may not opt-out of these communications. If You do not wish to receive them, You have the option to turn off all push notifications within Your mobile device’s settings. In-Application messages will automatically be sent to You via the Application’s Message Center. Push notifications may also be displayed on a locked or inactive device screen. If You do not wish to see or receive push messages, You should stop using the Application. Opting out of push notifications will not affect Your settings with respect to email communications.

D. Suspension; Cancellation

Except as otherwise required by applicable law, PGE reserves the right to block, restrict, suspend, disqualify or terminate Your use of the Application at any time without notice and for any reason, including if You violate the PGE Terms, if PGE suspects fraudulent activity, or as a result of the cancellation or suspension of Your PGE account. You agree that PGE will not be liable to You or any third party for any block, suspension, cancellation or termination of Your use of the Application. Any attempt by an individual or entity to deliberately interfere, interrupt, modify, audit, assess, re-engineer, or damage any aspect of the Application or undermine the legitimate operation of the Application is a violation of criminal and civil laws and PGE reserves the right to seek damages and costs (including, without limitation, attorneys’ fees) from any individual or entity responsible for such attempt to the fullest extent permitted by applicable law.

E. License

Subject to the PGE Terms and any other applicable terms (for example, the marketplace from which You download the Application), PGE grants You a personal, limited, non-exclusive, non-transferable and revocable license to use the Application for personal use on one mobile device. PGE owns or licenses all content associated with the Application, which is protected by copyright, trademark, moral rights, and other intellectual property laws. Although PGE makes the Application freely accessible, PGE is not giving up rights to the content of the Application, and no rights are transferred to You when You use the Application. You may not frame any content from the Application or incorporate it into another website, service or Application. Other than the limited license granted by the PGE Terms, You have no other right, title or interest in the Application. All rights not expressly granted to You are fully reserved by PGE, and no rights are conferred by estoppel, operation of law, implication or otherwise. You must not: (1) modify, port, translate, adapt, enhance or create any derivative works of or from the Application; (2) decompile, disassemble, reverse engineer, attempt to reconstruct, identify or derive any source code, underlying user interface techniques or algorithms from the Application or disclose or decrypt any of the foregoing; (3) knowingly take any action that would cause the Application or any component of the Application to enter the public domain; (4) resell, transfer or distribute the Application or any content; (5) remove, alter or obscure any proprietary notice (including a copyright or trademark notice); (6) install, use or permit the Application to reside on more than one mobile device at a time, other than by separate downloads of the Application in accordance with the PGE Terms; or (7) use the Application for any unlawful purpose.

F. Mobile Payment

You may elect to use Your mobile device to make payment on Your PGE account (“Mobile Payment”). The terms and conditions associated with Your PGE account govern this transaction. Any fees for using Mobile Payment are Your responsibility. PGE reserves the right at any time to discontinue Mobile Payment or change the types of Mobile Payment accepted.

G. Use of the Application

In order to use the Application, You will need to register a PGE account. You are responsible for maintaining and promptly updating Your account information and maintaining the security of Your account by not sharing Your password with others and restricting access to Your account and Your mobile device. You take responsibility for all activities that occur under Your account and accept all risks of unauthorized access. You represent that any information that You provide is accurate and complete. You agree that You will not use the Application in any way that: (1) is or appears to be unlawful, fraudulent, or deceptive; (2) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party, including intellectual property or publicity rights; (3) attempts to interfere with, gain unauthorized access to, or damage any computer network, server, system, software or user accounts; (4) uses any manual or automated means, including agents, robots, scripts, or spiders to monitor or copy the Application or any content; (5) attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; or (6) otherwise violates the PGE Terms. Use of the Application while driving is specifically prohibited under the PGE Terms. If PGE believes You have violated the PGE Terms, then PGE has the right to: (1) terminate any license to the Application or suspend or terminate Your access to any Application functionality, without further notice to You; or (2) assert legal action with respect to use of the Application.

You are responsible for any and all telephone and/or mobile carrier access fees, text messaging fees, data usage fees, and/or Internet service fees that may be assessed by your telephone, mobile carrier and/or Internet service provider as a result of using the Application.

H. Indemnification

You agree to defend, indemnify and hold harmless PGE and its subsidiaries, affiliates, franchisees, officers, directors, employees, and agents, as well as any third party vendors, licensors or providers of content or software for the Application (collectively the “Application-Related Parties”), from any claim, demand, or damage, including reasonable attorneys' fees, arising out of or related to Your breach of the PGE Terms or Your use or misuse of the Application or any content in the Application. PGE reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You agree to cooperate in asserting any available defenses.

I. Disclaimers; No Warranties

SUBJECT TO APPLICABLE LAW, THE APPLICATION IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. PGE AND THE APPLICATION-RELATED PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY WARRANTY THAT THE APPLICATION WILL BE COMPATIBLE OR INTEROPERABLE WITH YOUR MOBILE DEVICE OR ANY OTHER HARDWARE OR SOFTWARE INSTALLED ON YOUR MOBILE DEVICE. PGE AND THE APPLICATION-RELATED PARTIES FURTHER DISCLAIM ANY WARRANTY THAT THE APPLICATION WILL BE ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATION OR APPLICATION CONTENT IS CORRECT, ACCURATE, ADEQUATE OR RELIABLE FOR ANY PURPOSE.

J. Liability Limitations and Disclaimers

You assume all responsibility and risk for Your use of the Application. There may be delays, omissions, inaccuracies, viruses, technical mistakes, or other problems with the Application and PGE has no obligation to maintain or support the Application. You understand that You are solely responsible for any damage to Your mobile device or computer system or loss of data that results from any materials or data downloaded from or otherwise provided by the Application. The Application may contain hyperlinks to websites operated by third parties and PGE is not responsible for the content of and does not endorse those sites. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITATIONS OF CERTAIN KINDS OF DAMAGES AND SO THE FOLLOWING MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER RIGHTS UNDER LAW. SUBJECT TO APPLICABLE LAW, INCLUDING WITH RESPECT TO NON-WAIVABLE STATUTORY RIGHTS UNDER OREGON LAW AND OTHER APPLICABLE JURISDICTIONS, NEITHER PGE NOR THE APPLICATION-RELATED PARTIES ARE LIABLE FOR ANY DIRECT, PUNITIVE, CONSEQUENTIAL, SPECIAL, INDIRECT OR OTHER DAMAGES OR INJURY RESULTING FROM YOUR USE OF THIS APPLICATION, INCLUDING ANY DAMAGES CAUSED BY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE, OR ASSOCIATED WITH LOSS OF DATA, LOSS OF USE, LOSS OF PROFITS, LOSS OF SAVINGS OR LOSS OF GOODWILL THAT RESULT FROM THE USE OR INABILITY TO USE THIS APPLICATION OR ANYTHING DOWNLOADED FROM OR THROUGH THIS APPLICATION.

K. Venue; Jurisdiction

PGE controls and operates this Application from its headquarters in the U.S. state of Oregon and makes no representation that the proprietary materials are appropriate or will be available for use in other locations. All marketing or promotional materials and other content found on this Application are solely directed to individuals, companies or other entities located in the service territory of PGE. Any action related to the PGE Terms will be governed by Oregon law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in Multnomah County, in the state of Oregon, for the resolution of all disputes arising from or related to the PGE Terms.

L. General

You agree that PGE can revise the PGE Terms at any time without notice or liability by updating this posting. You agree that Your continued use of the Application after such modifications have been made constitutes Your acceptance of such revised PGE Terms. If any provision of these PGE Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of PGE to enforce any right or provision in the PGE Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by PGE. Your use of the Application is subject to the additional disclaimers and caveats that may appear throughout the Application.

M. Google

Additional provisions and Usage Rules required by Google Inc. (“Google”) may be found at Google Play Terms of Service. If Your device is manufactured by Google or if You obtain the downloadable Application through Google Play, You and PGE acknowledge and agree that Google and its subsidiaries are third party beneficiaries to this License Agreement, and that, upon Your acceptance of the terms and conditions of this License Agreement, Google will have the right to enforce this License Agreement against You in its capacity as a third party beneficiary to the License Agreement.

N. Additional Terms for Users of Apple Devices

If You have downloaded the Application via the iTunes Store, the following shall apply: You acknowledge and agree that this License Agreement is solely between You and PGE, not Apple, and that Apple has no responsibility for the Application. Your use of the Application must comply with Apple Media Services Terms and Conditions Store Terms and Conditions . You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. In the event of any failure of the Application to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price, if any, for the Application to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this License Agreement and any law applicable to PGE as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of You or any third party relating to the Application or Your possession and/or use of the Application including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this License Agreement and any law applicable to PGE as provider of the Application. You acknowledge that, in the event of any third party claim that the Application or Your possession and use of the Application infringes that third party’s intellectual property rights, PGE, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this License Agreement. You and PGE acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this License Agreement as relates to Your license of the Application, and that, upon Your acceptance of the this License Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this License Agreement as relates to Your license of the Application against You as a third party beneficiary thereof. You represent that You are 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; and You are not listed on any U.S. Government list of prohibited or restricted parties.