Thank you for choosing to use 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, you acknowledge and agree to be bound by these Terms and Conditions. If you do not accept any portion of these terms, you should refrain from using the App.
Applications distributed through the App Store are licensed to you rather than sold. Your license for each application is subject to your prior acceptance of either this Licensed Application End User License Agreement ("Standard EULA") or a separate custom end-user license agreement entered into between you and the Application Provider ("Custom EULA"), if one is available. Licenses for Apple applications under either the Standard EULA or a Custom EULA are granted by Apple, while licenses for third-party applications are granted by the respective Application Provider. Any application governed by this Standard EULA is referred to herein as the "Licensed Application." The applicable Licensor, whether Apple or the Application Provider, retains all rights, title, and interest in the Licensed Application that are not expressly granted to you under this Agreement.
1. Scope of License
The Licensor grants you a personal, non-transferable license to use the Licensed Application on Apple-branded devices that you own or control, subject to the applicable Usage Rules. This Standard EULA applies to all content, materials, services, and updates provided through or for the Licensed Application, unless such updates are accompanied by a Custom EULA.
Except as permitted by the Usage Rules, you may not distribute, share, or make the Licensed Application available over a network where it could be accessed simultaneously by multiple devices. You may not transfer, sublicense, redistribute, sell, or otherwise assign the Licensed Application. If you transfer ownership of an Apple device to another party, you must first remove the Licensed Application from that device.
You are prohibited from copying the Licensed Application except as expressly permitted under this license and applicable Usage Rules. Additionally, you may not reverse engineer, decompile, disassemble, attempt to derive the source code, modify, adapt, or create derivative works based on the Licensed Application or any part thereof, except where such restrictions are prohibited by applicable law or expressly permitted under open-source licensing terms associated with components of the Licensed Application.
2. Consent to Use of Data
You acknowledge and agree that the Licensor may collect and utilize technical data and related information, including but not limited to information regarding your device, operating system, application software, and peripheral devices. Such information may be collected periodically to facilitate software updates, product support, maintenance services, and other services associated with the Licensed Application.
The Licensor may use this information in a form that does not personally identify you in order to improve products, enhance functionality, and provide additional services or technologies.
3. Termination
This Standard EULA remains effective until terminated either by you or the Licensor. Your rights under this Agreement will automatically terminate without notice if you fail to comply with any provision contained herein.
4. External Services
The Licensed Application may provide access to services, content, websites, or platforms operated by the Licensor and/or third parties (collectively referred to as "External Services").
You acknowledge that your use of External Services is entirely at your own risk. The Licensor is under no obligation to monitor, review, or verify the content, functionality, accuracy, legality, or reliability of any third-party External Services and assumes no liability for them.
Information made available through the Licensed Application or External Services, including but not limited to financial, medical, or location-related information, is provided solely for general informational purposes and is not guaranteed by the Licensor or its representatives.
You agree not to use External Services in a manner that violates this Agreement, infringes intellectual property rights, or harasses, threatens, abuses, stalks, defames, or otherwise harms any person or entity. The Licensor shall not be responsible for any misuse of External Services by users.
External Services may not be available in every language, region, or jurisdiction and may not be suitable for use in certain locations. If you choose to access such services, you are solely responsible for complying with all applicable laws and regulations. The Licensor reserves the right to modify, suspend, restrict, disable, or discontinue access to any External Service at any time without notice or liability.
5. NO WARRANTY
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE LICENSED APPLICATION IS ENTIRELY AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ALL RELATED SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND.
THE LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
NO ORAL OR WRITTEN INFORMATION, RECOMMENDATION, OR ADVICE PROVIDED BY THE LICENSOR OR ITS REPRESENTATIVES SHALL CREATE ANY WARRANTY.
IF THE LICENSED APPLICATION OR RELATED SERVICES PROVE DEFECTIVE, YOU ASSUME FULL RESPONSIBILITY FOR ANY COSTS ASSOCIATED WITH SERVICING, REPAIR, OR CORRECTION.
CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON STATUTORY RIGHTS. IN SUCH CASES, SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
6. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSOR SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY OR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER COMMERCIAL LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE LICENSED APPLICATION.
THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY ASSERTED, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WHERE APPLICABLE LAW DOES NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY.
IN NO EVENT SHALL THE LICENSOR'S TOTAL LIABILITY TO YOU EXCEED FIFTY U.S. DOLLARS (US $50.00), EXCEPT WHERE GREATER LIABILITY IS REQUIRED UNDER APPLICABLE LAW.
THESE LIMITATIONS SHALL APPLY EVEN IF ANY REMEDY PROVIDED UNDER THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.
7. Export Compliance
You may not use, export, or re-export the Licensed Application except as permitted by United States law and the laws of the jurisdiction in which the Licensed Application was obtained.
Without limitation, the Licensed Application may not be exported or re-exported:
(a) To any country subject to a United States embargo; or
(b) To any person or entity listed on the U.S. Treasury Department's Specially Designated Nationals List, the U.S. Department of Commerce Denied Persons List, Entity List, or any similar government-restricted list.
By using the Licensed Application, you represent and warrant that you are not located in, under the control of, or a resident of any restricted country and are not included on any such prohibited list.
You further agree not to use the Licensed Application in connection with activities prohibited by United States law, including the development, design, manufacture, or production of nuclear, missile, chemical, or biological weapons.
8. U.S. Government End Users
The Licensed Application and related documentation are considered "Commercial Items" as defined under 48 C.F.R. §2.101 and consist of "Commercial Computer Software" and "Commercial Computer Software Documentation" as described in applicable federal regulations.
Any use by U.S. Government end users shall be governed solely by the rights and restrictions granted under this Agreement and applicable federal procurement regulations. All unpublished rights remain reserved under United States copyright laws.
9. Governing Law and Jurisdiction
Except as otherwise provided below, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflict-of-law provisions.
You and Apple agree to submit to the exclusive personal jurisdiction of the courts located in Santa Clara County, California, for the resolution of any disputes arising out of or relating to this Agreement.
However, if:
(a) You are not a citizen of the United States;
(b) You do not reside in the United States;
(c) You access the Service from outside the United States; and
(d) You are a citizen of one of the jurisdictions identified below,
then any dispute arising from this Agreement shall be governed by the laws of the applicable jurisdiction specified below, without regard to conflict-of-law principles.
If you are a citizen or resident of a European Union member state, Switzerland, Norway, or Iceland, the governing law and competent courts shall be those of your usual place of residence.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to this Agreement.