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.