Thank you for using our Application. Please review the following terms and conditions carefully before accessing or using our services. By downloading, installing, accessing, or using the Historian Chat App (the “App”), you agree to be bound by these Terms and Conditions. If you do not agree with any portion of these terms, you must not use the App.
Applications made available through the App Store are licensed to you, not sold. Your right to use the App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”) or, where applicable, a custom end user license agreement entered into between you and the Application Provider (“Custom EULA”).
For Apps governed by this Standard EULA, Apple grants the license for Apple-branded applications, while the Application Provider grants the license for third-party applications. Any application governed by this Standard EULA is referred to as the “Licensed Application.” All rights not expressly granted to you under this Agreement are reserved by the applicable licensor (“Licensor”).
The Licensor grants you a limited, non-transferable, non-exclusive license to use the Licensed Application on Apple-branded devices that you own or control, in accordance with Apple’s Usage Rules. This license also applies to any content, materials, services, or updates provided through the Licensed Application unless such updates are governed by a Custom EULA.
You may not distribute, sublicense, rent, lease, lend, sell, or otherwise make the Licensed Application available to multiple users over a network. You must remove the Licensed Application from your Apple device prior to transferring ownership of the device. Except as permitted by applicable law or the Usage Rules, you may not copy, modify, reverse engineer, decompile, disassemble, or create derivative works from the Licensed Application or any part thereof.
You acknowledge and agree that the Licensor may collect and use technical data and related information, including details about your device, operating system, application software, and peripherals. This data may be gathered periodically to provide software updates, technical support, and related services.
Such information will be used in a form that does not personally identify you and may be utilized to improve products, services, and technologies offered by the Licensor.
This EULA remains effective until terminated by either you or the Licensor. Your rights under this Agreement will terminate automatically if you fail to comply with any of its terms. Upon termination, you must cease all use of the Licensed Application.
The Licensed Application may provide access to services or websites operated by the Licensor or third parties (“External Services”). Your use of External Services is at your own risk. The Licensor is not responsible for reviewing or verifying the accuracy, availability, or content of any third-party External Services.
Information provided through External Services is for general informational purposes only and is not guaranteed to be accurate. You agree not to use External Services in a manner that violates this Agreement, infringes intellectual property rights, or harasses, abuses, threatens, or defames any person or entity. The Licensor may modify, restrict, suspend, or remove access to External Services at any time without notice or liability.
YOU ACKNOWLEDGE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE LICENSED APPLICATION AND ANY ASSOCIATED SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND.
THE LICENSOR DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN ADVICE SHALL CREATE ANY WARRANTY. IF THE APPLICATION OR SERVICES ARE DEFECTIVE, YOU ASSUME ALL COSTS OF REPAIR OR CORRECTION.
TO THE EXTENT PERMITTED BY LAW, THE LICENSOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION.
IN NO EVENT SHALL THE LICENSOR’S TOTAL LIABILITY EXCEED FIFTY U.S. DOLLARS (USD $50), EXCEPT WHERE APPLICABLE LAW REQUIRES OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO THESE RESTRICTIONS MAY NOT APPLY TO YOU.
The Licensed Application and documentation qualify as “Commercial Items” under applicable U.S. regulations. U.S. Government end users receive only those rights granted to other end users under this Agreement. All unpublished rights are reserved under U.S. copyright laws.
Except as otherwise provided, this Agreement shall be governed by the laws of the State of California, excluding conflict-of-law principles. You agree to submit to the exclusive jurisdiction of the courts located in Santa Clara County, California.
If you are a resident or citizen of a European Union country, Switzerland, Norway, or Iceland, this Agreement shall be governed by the laws of your country of residence, and disputes shall be resolved in the courts of that jurisdiction.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.