LICENSED APPLICATION
END USER LICENSE
AGREEMENT
Apps made available through the App Store are licensed, not sold, to you. Your
license to each App is subject to your prior acceptance of either this Licensed
Application End User License Agreement (“Standard EULA”), or a custom end user
license agreement between you and the Application Provider (“Custom EULA”), if
one is provided. Your license to any Apple App under this Standard EULA or
Custom EULA is granted by Apple, and your license to any Third Party App under
this Standard EULA or Custom EULA is granted by the Application Provider of that
Third Party App. Any App that is subject to this Standard EULA is referred to herein
as the “Licensed Application.” The Application Provider or Apple as applicable
(“Licensor”) reserves all rights in and to the Licensed Application not expressly
granted to you under this Standard EULA.
a. Scope of License: Licensor grants to you a nontransferable license to use the
Licensed Application on any Apple-branded products that you own or control and as
permitted by the Usage Rules. The terms of this Standard EULA will govern any
content, materials, or services accessible from or purchased within the Licensed
Application as well as upgrades provided by Licensor that replace or supplement the
original Licensed Application, unless such upgrade is accompanied by a Custom
EULA. Except as provided in the Usage Rules, you may not distribute or make the
Licensed Application available over a network where it could be used by multiple
devices at the same time. You may not transfer, redistribute or sublicense the
Licensed Application and, if you sell your Apple Device to a third party, you must
remove the Licensed Application from the Apple Device before doing so. You may
not copy (except as permitted by this license and the Usage Rules), reverse
engineer, disassemble, attempt to derive the source code of, modify, or create
derivative works of the Licensed Application, any updates, or any part thereof
(except as and only to the extent that any foregoing restriction is prohibited by
applicable law or to the extent as may be permitted by the licensing terms governing
use of any open-sourced components included with the Licensed Application).b. Consent to Use of Data: You agree that Licensor may collect and use technical
data and related information—including but not limited to technical information
about your device, system and application software, and peripherals—that is
gathered periodically to facilitate the provision of software updates, product support,
and other services to you (if any) related to the Licensed Application. Licensor may
use this information, as long as it is in a form that does not personally identify you, to
improve its products or to provide services or technologies to you.
c. Termination. This Standard EULA is effective until terminated by you or Licensor.
Your rights under this Standard EULA will terminate automatically if you fail to
comply with any of its terms.
d. External Services. The Licensed Application may enable access to Licensor’s
and/or third-party services and websites (collectively and individually, "External
Services"). You agree to use the External Services at your sole risk. Licensor is not
responsible for examining or evaluating the content or accuracy of any third-party
External Services, and shall not be liable for any such third-party External Services.
Data displayed by any Licensed Application or External Service, including but not
limited to financial, medical and location information, is for general informational
purposes only and is not guaranteed by Licensor or its agents. You will not use the
External Services in any manner that is inconsistent with the terms of this Standard
EULA or that infringes the intellectual property rights of Licensor or any third party.
You agree not to use the External Services to harass, abuse, stalk, threaten or
defame any person or entity, and that Licensor is not responsible for any such use.
External Services may not be available in all languages or in your Home Country, and
may not be appropriate or available for use in any particular location. To the extent
you choose to use such External Services, you are solely responsible for compliance
with any applicable laws. Licensor reserves the right to change, suspend, remove,
disable or impose access restrictions or limits on any External Services at any time
without notice or liability to you.
e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE
OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND
ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION
ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT
WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL
WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED
APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR
STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF
FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL
OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS
AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE
LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A
CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY
TO YOU.
f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT
SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL,
SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER,
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS
OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES
OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO
USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE
THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF
LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR
PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total
liability to you for all damages (other than as may be required by applicable law in
cases involving personal injury) exceed the amount of fifty dollars ($50.00). The
foregoing limitations will apply even if the above stated remedy fails of its essential
purpose.
g. You may not use or otherwise export or re-export the Licensed Application except
as authorized by United States law and the laws of the jurisdiction in which the
Licensed Application was obtained. In particular, but without limitation, the Licensed
Application may not be exported or re-exported (a) into any U.S.-embargoed
countries or (b) to anyone on the U.S. Treasury Department's Specially Designated
Nationals List or the U.S. Department of Commerce Denied Persons List or Entity
List. By using the Licensed Application, you represent and warrant that you are not
located in any such country or on any such list. You also agree that you will not use
these products for any purposes prohibited by United States law, including, without
limitation, the development, design, manufacture, or production of nuclear, missile,
or chemical or biological weapons.
h. The Licensed Application and related documentation are "Commercial Items", as
that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer
Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48
C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the
Commercial Computer Software and Commercial Computer Software
Documentation are being licensed to U.S. Government end users (a) only as
Commercial Items and (b) with only those rights as are granted to all other end users
pursuant to the terms and conditions herein. Unpublished-rights reserved under the
copyright laws of the United States.
i. Except to the extent expressly provided in the following paragraph, this Agreement
and the relationship between you and Apple shall be governed by the laws of the
State of California, excluding its conflicts of law provisions. You and Apple agree to
submit to the personal and exclusive jurisdiction of the courts located within the
county of Santa Clara, California, to resolve any dispute or claim arising from this
Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you
are not accessing the Service from the U.S.; and (d) you are a citizen of one of the
countries identified below, you hereby agree that any dispute or claim arising from
this Agreement shall be governed by the applicable law set forth below, without
regard to any conflict of law provisions, and you hereby irrevocably submit to the
non-exclusive jurisdiction of the courts located in the state, province or country
identified below whose law governs:
If you are a citizen of any European Union country or Switzerland, Norway or Iceland,
the governing law and forum shall be the laws and courts of your usual place of
residence.
Specifically excluded from application to this Agreement is that law known as the
United Nations Convention on the International Sale of Goods.