Applications obtained through the App Store are licensed to you rather than sold. Your use of any application is governed either by this End User License Agreement ("EULA") or by a separate custom agreement provided by the Application Provider. For applications developed by Apple, Apple grants the license. For third-party applications, the license is granted by the applicable Application Provider.
The Application Provider and/or Apple (collectively referred to as the "Licensor") retain all rights not expressly granted under this Agreement.
Subject to your compliance with the terms of this Agreement, the Licensor grants you a limited, personal, non-exclusive, non-transferable, and revocable license to install and use the application on Apple-branded devices that you own or control in accordance with Apple's applicable Usage Rules.
This license extends to any updates, upgrades, enhancements, content, materials, or services made available through the application unless accompanied by separate licensing terms.
You may not:
Copy, reproduce, modify, distribute, sell, rent, lease, sublicense, assign, or transfer the application except where expressly permitted.
Reverse engineer, decompile, disassemble, decode, or otherwise attempt to derive the source code of the application.
Create derivative works based on the application or any portion thereof.
Make the application available over a network where multiple devices can access or use it simultaneously unless specifically authorized.
Transfer ownership of a device containing the application without first removing the application from that device.
You acknowledge and agree that the Licensor may collect technical, diagnostic, and usage-related information concerning your device, operating system, software environment, and application usage for purposes including:
Providing updates and enhancements;
Delivering customer support;
Improving products and services;
Optimizing application performance and functionality.
Any information collected will be processed in accordance with applicable privacy laws and, whenever reasonably possible, in a manner that does not directly identify individual users.
This Agreement will remain in effect until terminated either by you or by the Licensor.
Your rights under this Agreement will automatically terminate without notice if you fail to comply with any provision of this EULA. Upon termination, you must immediately stop using the application and permanently delete all copies from your devices and storage media.
The application may provide access to third-party websites, products, applications, content, or services ("External Services").
By accessing or using External Services, you acknowledge and agree that:
You use such services entirely at your own discretion and risk.
The Licensor does not control and is not responsible for the content, accuracy, availability, reliability, or legality of any External Services.
Information obtained through External Services is provided for general informational purposes only and should not be considered professional advice.
The Licensor may modify, suspend, restrict, or discontinue access to External Services at any time without prior notice.
You will not use External Services in any manner that violates applicable laws, infringes intellectual property rights, or causes harm to other individuals, organizations, or entities.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND ALL ASSOCIATED SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND.
THE LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:
MERCHANTABILITY;
FITNESS FOR A PARTICULAR PURPOSE;
ACCURACY, COMPLETENESS, OR RELIABILITY;
NON-INFRINGEMENT OF THIRD-PARTY RIGHTS;
QUIET ENJOYMENT;
SATISFACTORY QUALITY.
The Licensor does not warrant that the application will operate without interruption, be free from errors, remain secure, or function without defects.
No advice, information, or communication provided by the Licensor shall create any warranty unless expressly stated in writing.
To the fullest extent permitted by law, the Licensor shall not be responsible for any:
Indirect damages;
Incidental damages;
Special damages;
Punitive damages;
Consequential damages;
Loss of profits, revenue, business opportunities, goodwill, or data;
Business interruption losses;
Personal losses resulting from the use of or inability to use the application.
Under no circumstances shall the Licensor's total aggregate liability exceed fifty U.S. dollars (US $50.00) or the maximum amount permitted under applicable law, whichever is greater.
Certain jurisdictions do not allow limitations on certain liabilities; therefore, some portions of this section may not apply to you.
You agree not to use, export, or re-export the application except as authorized by applicable export control laws and regulations.
The application may not be exported or re-exported:
To countries or territories subject to United States trade embargoes or sanctions;
To individuals, organizations, or entities appearing on applicable government restricted-party lists.
By using the application, you represent and warrant that you are not located in, controlled by, or a resident of any prohibited country and are not listed on any restricted-party list.
You further agree not to use the application for any purpose prohibited under applicable export control regulations.
The application and any accompanying documentation constitute "Commercial Items" and "Commercial Computer Software" as defined under applicable United States federal regulations.
Any use, duplication, or disclosure by U.S. Government agencies shall be governed solely by the rights and restrictions set forth in this Agreement.
Except where prohibited or otherwise required by applicable law, this Agreement shall be governed by and interpreted in accordance with the laws of the State of California, United States, without regard to conflict-of-law principles.
Any dispute, claim, or controversy arising out of or relating to this Agreement shall be submitted to the courts located in Santa Clara County, California.
If you reside outside the United States, including within the European Union, Switzerland, Norway, Iceland, or other jurisdictions providing mandatory consumer protections, you may be entitled to the rights and remedies available under the laws of your country of residence.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to this Agreement.