This APS Mobile Application End User License Agreement ("Agreement") is a binding agreement between you ("End User" or "you") and Arizona Public Service Company ("APS"). This Agreement governs your use of this APS mobile application including all information presented by the application ("Application"), and use of www.aps.com ("Website") when accessed through the Application. The Application is licensed, not sold, to you.

By clicking the "Accept" button or by your continued use of the Application, you: (1) acknowledge that you have read and understand this Agreement; (2) represent that you are of legal age to enter into a binding agreement; and (3) accept this Agreement and agree that you are legally bound by its terms.

1. License Grant. Subject to the terms of this Agreement, APS grants you a limited, non - exclusive and nontransferable license to download, install and use the Application for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you ("Mobile Device") strictly in accordance with this Agreement and the Website Terms of Use when accessing or using the Website from or through the Application.

2. License Restrictions. You, the End User, shall not:

(a) copy the Application, except as expressly permitted by this Agreement;

(b) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Application;

(c) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;

(d) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Application, including any copy thereof;

(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time.

3. Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you.You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto, other than to use the Application in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. APS and its licensors and service providers reserve and shall retain its/ their entire right, title and interest in and to the Application, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

4. Collection and Use of Your Information. You acknowledge that when you download, install or use the Application, APS may use automatic means(including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing or using the Application or certain of its features or functionality.All information we collect through or in connection with this Application is subject to our Privacy Policy located at the button in this Application labeled "Privacy Policy". By downloading, installing, using and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

If you do not agree to any terms contained in the Privacy Policy, you should not use the Application on your Mobile Device, and you should remove the Application from your Mobile Device.If you have already used the Application on your Mobile Device, you should immediately stop using the Application and remove it from your Mobile Device.

5. Content and Services. The Application may provide you with access to APS's website located at www.aps.com (the "Website"), and products and services accessible thereon, and certain features, functionality and content accessible on or through the Application may be hosted on the Website (collectively, "Content and Services"). Your access to and use of such Content and Services are governed by the Website's Terms of Use(Terms and Conditions) located at the button in this Application labeled "Terms and Conditions", and the Website's Privacy Policy located at the button in this Application labeled "Privacy Policy", both of which are incorporated herein by the above references. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Terms of Use and Privacy Policy, and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of the Application's features and functionality. Any violation of such Terms of Use will also be deemed a violation of this Agreement.

6. Unauthorized Use. You shall not use the Application in any unauthorized way, including but not limited to, using the Application to transmit any computer or device viruses, worms, Trojan horses or other malware, or to purposely cause an overburden on network capacity.Any attempt to do any of the foregoing is a violation of our rights and those of our licensors. If you breach this restriction, you may be subject to prosecution and damages. Additionally, you agree not to use the Application to stalk, harass, threaten, abuse, defame or otherwise infringe or violate the rights of APS or any other party.

7. Geographic Restrictions. The Content and Services are based in the state of Arizona in the United States, and provided for access and use only by persons located in the United States.You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries.If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.

8. Updates. APS may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches and other error corrections and / or new features(collectively, including any related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that APS has no obligation to provide you with any Updates or to continue to provide or enable any particular features or functionality.Based on your Mobile Device settings, when your Mobile Device is connected to the internet, either:

(a) the Application will automatically download and install all available Updates; or

(b) you may receive notice of or be prompted to download and install available Updates.

You should promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so.You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

9. Third Party Materials. The Application may display, include or make available third-party content(including data, information, applications and other products, services and / or materials) or provide links to third - party websites or services, including through third - party advertising("Third Party Materials"). You acknowledge and agree that APS is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. APS does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials.Third Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

10. Term and Termination.

(a) The term of Agreement commences the earlier of when you(i) download or install the Application or(ii) acknowledge your acceptance of the Agreement, and will continue in effect until terminated by you or APS as set forth in this Section 10.

(b) You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.

(c) APS may, in its sole and absolute discretion, at any time and for any or no reason, without prior notice to you, (i) change, suspend, remove, or disable access to the Application, or (ii) terminate the Application and this Agreement.In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.

(d) Upon termination:

(i) all rights granted to you under this Agreement will also terminate; and

(ii) you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.

(e) Termination will not limit any of APS's rights or remedies at law or in equity.

11. Content Disclaimer. Any information displayed by the Application is for general informational purposes only and should not be relied upon in making decisions that are commercial in nature, or in situations, such as emergencies, where precise information is required or where erroneous, inaccurate, time - delayed or incomplete data may lead to death, personal injury, property or environmental damage.You acknowledge that neither APS nor its affiliates or licensors, guarantee or take responsibility for the availability, accuracy, completeness, validity, copyright compliance, legality, decency, quality, reliability, or timeliness of any data or content displayed by the Application. However, APS reserves the right, in its sole discretion and without any obligation, to update, to make improvements to, or to correct any error or omissions in, any portion of the information accessible using the Application, although APS shall not be liable for any delay or inaccuracies related to such updates, improvements or corrections.

12. Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND.TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, APS, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON - INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE.WITHOUT LIMITATION TO THE FOREGOING, APS PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

13. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL APS OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:

(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES; OR

(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, FOR THE APPLICATION.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

14. Indemnification. You agree to indemnify, defend and hold harmless APS and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement. Furthermore, you agree that APS assumes no responsibility for the content you submit or make available through this Application.

15. Export Regulation. The Application may be subject to United States export control laws, including the United States Export Administration Act and its associated regulations.You shall not, directly or indirectly, export, re - export or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation.You shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings(including obtaining any necessary export license or other governmental approval), prior to exporting, re - exporting, releasing or otherwise making the Application available outside the United States.

16. U.S.Government Rights. The Application is commercial computer software, as such term is defined in 48 C.F.R. §2.101.Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with(a) 48 C.F.R. §§227.7202 - 1(a) and - 3(a), with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.

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

18. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the state of Arizona without giving effect to any choice or conflict of law provision or rule.Any legal suit, action or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the state of Arizona, in each case located in Arizona. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

19. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

20. Entire Agreement. This Agreement, Website Terms of Use and our Privacy Policy constitute the entire agreement between you and APS with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.Any term or provision of this Agreement, or portion thereof that by its nature survives the expiration or termination of this Agreement shall so survive.

21. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

22. Assignment. You may not assign or transfer this Agreement or any of your obligations or interests in this Agreement, in whole or in part, and any attempt to do so shall be void. We reserve the right to assign and transfer this Agreement or delegate all or any of our obligations to third parties.

23. Contacting APS. Please direct any questions or comments you have concerning the Application or this Agreement to aps@aps.com; or call 602-371-7171 in the Phoenix area or 800-253-9405 elsewhere; APS™ Customer Service mailing address is PO Box 53999, Phoenix, AZ 85072-3999. Physical address: 400 North 5th Street Phoenix, AZ 85004.