Please read this terms of service agreement (the “Agreement”) carefully. The agreement prescribes the rights and obligations as regard to the acts of downloading, installing, using and duplicating Widgets Box between users (hereinafter also referred to as "You" and "Your") and Widgets Box(hereinafter referred to as "We", "Our", and "Us").By downloading, installing or using Widgets Box and related services, You represent that (1) You have read, understand, and agree to be bound by the terms, (2) You are of legal age to form a binding contract with Widgets Box, and (3) You have the authority to enter into the terms personally or on behalf of the company You have named as the customer, and to bind that company to the terms.
You will be required to read and agree to the terms of the Agreement when You download or install Widgets Box. Please do read and understand all the rights and restrictions stipulated in the Agreement. You are not entitled to download, install or use Widgets Box and related services if You do not agree to all these provisions of this Agreement. Once You have installed, duplicated, downloaded, visited or used Widgets Box in any other ways, You will be considered having accepted this Agreement and consented to be bound by the said provisions. Please do not install, duplicate or use Widgets Box if You do not fully agree to the terms prescribed in the Agreement.
IF YOU SUBSCRIBE TO THE SERVICES FOR A TERM (THE “INITIAL TERM”), THEN THE TERMS WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT Widgets Box’S THEN-CURRENT FEE FOR SUCH SERVICES UNLESS YOU DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 6.3 BELOW.
1. Declaration of Rights
All intellectual property rights and related information of Widgets Box may include, but is not limited to, written expressions and their combinations, icons, graphic design, images, charts, color scheme, interface design, layout framework, relevant data, additional applications, printed materials, and electronic documents, all of which belong to Us and are protected by copyright laws, international copyright treaties, and other intellectual property protection laws and regulations.
2. Scope of the License
2.1 Downloading, installation, and usage: You can download, install and use Widgets Box for unlimited times free of charge for non-commercial purposes only.
2.2 Duplication, distribution, and transmission: You can duplicate, distribute and transmit Widgets Box non-commercially for unlimited times. It must, however, be conducted under the condition that each duplication, distribution, and transmission is complete and real, and is not modified, added or inserted with any code or information. This applies to Widgets Box, relevant electronic document copyrights, trademarks Widgets Box, and this Agreement.
3. Limitation of Rights
3.1 Reverse engineering, decompiling, and disassembling are prohibited: You must not conduct reverse engineering, decompiling or disassembling on Widgets Box, and any alteration on the interior resources in the program file is also prohibited unless such acts are otherwise expressly allowed by laws and regulations.
3.2 Division of components: Widgets Box is licensed as an integrated product. Its components must not be used separately for any purpose.
3.3 No bundling: the duplication, distribution, and transmission of Widgets Box as regulated by this Agreement must not be tied or affixed to any other product or information that is not part of Widgets Box, unless otherwise authorized by Article 3.4.
3.4 Individual authorization: any sales, duplication, and distribution for commercial purposes of Widgets Box, including but is not limited to sales, pre-installation, and bundling, must be authorized and licensed by Us in written forms.
3.5 Reserved rights: The rights that are not expressly authorized by this Agreement shall still remain within Us and a written consent from Us is required if You intend to exercise such rights.
4. Terms of Use
4.1 Software Features
Widgets Box is developed based and designed to protect your privacy and personal files on Your mobile devices.
To provide compatible upgrade versions and guarantee a normal usage of Our services, You will need to provide to us Your device model and client version number when requesting online upgrades. These data are used to verify the mobile device model and apps that have been installed on Your device, and contain no private information or personally identifiable information.
4.2 Subscription Terms & Conditions
4.2.1 You can use the core features of Widgets Box free of charge;
4.2.2 some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.
4.2.3 Billing cycle and price will be showed in App
4.2.4 After the subscription takes effect:
(a) Subscriptions will renew automatically unless You cancel or unsubscribe;
(b) You can manage and cancel subscriptions anytime;
(c) According to policies, You will not be refunded for past subscriptions, but will still be able to use Your subscription for the time You have already paid.
4.3 Diamond Recharge Service
4.3.1 Diamonds are virtual currencies provided by Widgets Box to Users for the purchase of specified goods, services or features within the Widgets Box App.
4.3.2 Once the purchase of Diamonds has been completed, no refunds or exchanges are available.
4.3.3 If a User obtains Diamonds through illegal means or utilizes Diamonds for illegal activities, upon discovery, Widgets Box reserves the right to take appropriate measures, including but not limited to freezing the account and withdrawing the Diamonds.
4.4 Scope of Your Usage of Widgets Box
4.4.1 Operating System: Widgets Box only supports the operating system published on Our official website (i.e. Android OS, iOS) and specific phone models. Widgets Box automatically starts as the operating system activates to provide all features as designed and reduce response time. If You would like to renounce it for any reason after installation, You can delete Widgets Box by means supported by Android OS or iOS.
4.4.2 Hardware Requirements: Widgets Box operates on terminal equipment for mobile communications (such as mobile phones and tablet computers).
4.5 Development and Technical Support of Widgets Box
Widgets Box is developed and technically supported by Us.
4.6 Modifications and Upgrades of Widgets Box
We reserve the right to modify or upgrade Widgets Box for You at any time. With Your permission, the upgrade of Widgets Box may cause data traffic fees charged by Your phone service provider.
4.7 Product Integration
In order to achieve more feature extensions, Widgets Box may integrate relevant products on the user interface for You to download, installation and use at Your discretion.
4.8 Restrictions on Your Rights
You are supposed to use Widgets Box in compliance with laws and the Agreement. You are not entitled to implement certain acts, which may include but are not limited to the following:
4.8.1 Removing or altering any rights management electronic information in Widgets Box;
4.8.2 Intentionally averting or destroying the technical measures intended to protect the copyright of Widgets Box which are taken by the copyright owners;
4.8.3 Using Widgets Box to mislead or deceive others;
4.8.4 Deleting, modifying, adding or interfering with computer information system functions against state regulations that may result in the malfunctioning of computer information systems;
4.8.5 Intruding computer information network or using the computer information network resources without permission;
4.8.6 Deleting, modifying or adding computer information network functions without permission;
4.8.7 Deleting, modifying or adding data or application programs that are stored in or processed/transmitted by the computer information network without permission;
4.8.8 Disrupting the normal operation of Widgets Box or Our website, or intentionally disseminating computer viruses and other destructive programs;
4.8.9 Any other acts that may endanger the security of computer information network.
4.9 Downloading Widgets Box
For Widgets Box downloaded from any sites that are not designated by Us as well as any media that are not released by Us, We cannot guarantee that there are no infected virus, hidden disguised Trojan or hacker software in it. Using those versions may lead to unpredictable risks, and it is highly recommended that You do not download, install or use them. We are not liable for any legal responsibilities arising therefrom.
4.10 Program Error Log Reporting
Widgets Box may generate a brief error log when unexpected errors or breakdowns happen. The said log is the running information recorded by the system at the time of malfunction and only includes information about the error or breakdown of Widgets Box. It does not contain any of Your personal data. Following the cloud service options agreed by You, Widgets Box will report the error log to the server automatically in order to locate the error and the cause of the breakdown, hence improving the product quality.
Subject to Your approval and operation, Widgets Box may also generate a more specific error report, which includes all of its data, log output, and system information. The detailed report will be saved in local storage of Your device. Widgets Box will ask You whether to report the error log and, only if with Your permission, upload the error log to the server.
5. Rights You Grant Us
Many of our Services let you create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content. How broad that license is depends on which Services you use and the Settings you have selected.
For all content you submit to the Services, you grant us and our affiliates a worldwide, royalty-free, sublicensable, and transferable license to host, store, cache, use, display, reproduce, modify, adapt, edit, publish, analyze, transmit, and distribute that content. This license is for the purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones. This license includes a right for us to make your content available to, and pass these rights along to, service providers with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services.
Your content published in Widgets Box might to be recomended to other users as well as you can see other users' creation. To inspire creativity, you grant us, our affiliates, other users of the Services, and our business partners all of the same rights you grant in the previous paragraph, as well as an unrestricted, worldwide, royalty-free, irrevocable, and perpetual right and license to create derivative works from, promote, exhibit, broadcast, syndicate, reproduce, distribute, synchronize, overlay graphics and auditory effects on, publicly perform, and publicly display all or any portion of your Content in any form and in any and all distribution methods, now known or later developed, for commercial and non-commercial purposes. This means, among other things, that you might not be entitled to any compensation if your content are used by us, our affiliates, users of the Services, or our business partners. For information about how to tailor who can watch your content, please take a look at our Privacy Policy.
While we're not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including to provide and develop the Services or if we think your content violates these Terms. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Service.
We, our affiliates, and our third-party partners may place advertising on the Services, including personalized advertising based on the information you provide us, we collect, or we obtain about you. Advertising may sometimes appear near, between, over, or in your content.
We always love to hear from our users. But if you provide feedback or suggestions, just know that we can use them without compensating you, and without any restriction or obligation to you. You agree that we will own all rights in any materials or items we develop based on such feedback or suggestions.
6.Disclaimers and Limitations of Liability
As a user, You must be acquainted that liability can be incurred by the following facts, product updates due to scientific and technological progress, as well as different user habits and behaviors. We and Widgets Box do not make any guarantee in this Agreement and will not take any responsibility as regard to the following circumstances:
6.1 The possible defects of Widgets Box under this Agreement: You are supposed to assume any risks caused by using functions of Widgets Box on Your own, including but not limited to direct or indirect damages.
6.2 The disputes between Your and any third party pertaining to software installation, bundling, and charging arising from Your reference to the scanning and checking results produced by Widgets Box: Widgets Box is not designed for this purpose and You are not advised to apply Widgets Box in such manner.
6.3 Claims to You for losses or compensation by any third party arising from Your violation of the terms of the Agreement.
6.4 We do not guarantee to identify or correct all defects of Widgets Box, nor do we guarantee that Widgets Box can meet all the needs of You.
6.5 We do not bear any responsibility for the circumstances caused by technical obstacles, changes in laws or regulations, binding administrative acts, force majeure, etc.
7. Fees and Purchase Terms
7.1 Payment.
You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Widgets Box collects payments through a limited number of payment services (“Payment Provider”). You may, from time to time, make payments to us or third parties as part of your use of Widgets Box (including for the provision of Widgets Box or provision of certain additional features within Widgets Box). We may set out further terms applying to such payments (including in relation to refunds (if any), billing arrangements and any consequences of failing to make timely payments). You must comply with all such terms in relation to your payments to us. You agree that you are solely responsible for all fees and taxes associated with any such payments, and that pricing and availability of items and products are subject to change at any time.
SUBJECT TO MANDATORY APPLICABLE LAWS AND REGULATIONS OR AS OTHERWISE SPECIFIED BY US FOR A PARTICULAR ITEM OR PRODUCT WITHIN Widgets Box, IN NO CIRCUMSTANCES WILL WE BE REQUIRED TO PROVIDE A REFUND FOR ANY PAYMENTS MADE BY YOU TO US IN RELATION TO ANY ITEMS OR PRODUCTS WITHIN Widgets Box (WHETHER USED OR UNUSED).
Also, you agree that:
(a) your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates); and
(b) we may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.
7.2 Service Subscription Fees.
You will be responsible for payment of the applicable fee for any Services at the time you create your Account and select the term of your subscription. Except as set forth in the Terms, all fees for the Services are non-refundable. No contract will exist between you and Widgets Box for the Services until Widgets Box or the Payment Provider, for example Apple or Google, accepts your order by a confirmatory e-mail, SMS/MMS message, or other appropriate means of communication.
7.3 Automatic Renewal.
Your subscription will continue indefinitely until terminated in accordance with the Terms. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at Widgets Box's then-current price for such subscription. You agree that your Account will be subject to this automatic renewal feature unless you cancel your subscription at least 24 hours prior to the Renewal Commencement Date by logging into and going to the “Manage App Subscriptions” page in the Apple App Store or the “My Apps” page in the Google Play Store app. The same page will permit you to change your Account settings if you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription.If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then- current subscription period. By subscribing, you authorize Widgets Box to charge your Payment Provider now, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if Widgets Box does not receive payment from your Payment Provider, (i) you agree to pay all amounts due on your Account upon demand, and/or (ii) you agree that Widgets Box may either terminate or suspend your subscription and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your Account will be re-activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
7.4 Cancel of subscription
If you cancel a subscription, you will not receive a refund for the current billing period, but will continue to receive the subscription content for the remainder of the current billing period, regardless of the cancellation date. Your cancellation goes into effect after the current billing period has passed.
8. Respecting Others' Rights
We respects the rights of others. And so should you. You therefore may not use the Services, or enable anyone else to use the Services, in a manner that violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property right. When you submit content to the Service, you agree and represent that you own that content, or that you have received all necessary permissions, clearances, and authorizations in order to submit it to the Service and grant the rights and licenses contained in these Terms for your content. You also agree that you will not use or attempt to use another user's account except as permitted by us or our affiliates.
We honors copyright laws, including the Digital Millennium Copyright Act and takes reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. If we becomes aware that a user has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user's account. If you believe that anything on the Services infringes a copyright that you own or control, please report it using the form accessible through this tool. Or you may file a notice to email: service@leafmobi.com. Don't use this email address for anything other than reporting copyright infringement, as such emails will be ignored. To report other forms of infringement on the Services, please use the tool accessible here. If you file a notice to us, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must:
(a) contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner;
(b) identify the copyrighted work claimed to have been infringed;
(c) identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material;
(d) provide your contact information, including your address, telephone number, and an email address;
(e) provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
9. Miscellaneous Provisions
9.1 The Agreement is the final, complete and exclusive agreement upon Widgets Box -related issues between You and Us.
9.2 In the event that any provision of this Agreement is totally or partially invalid or unenforceable for whatever reason, or it is in violation of any applicable law, then the specific provision is considered as being deleted. The remainders of the Agreement, however, shall remain valid and binding.
9.3 We have the right to modify the Agreement at any time according to the change of relevant laws and regulations, technological progress or technical route choice, as well as operational conditions and the adjustment of business strategy of the company etc. The revised agreement will be published on the official website of Widgets Box, and accompany the new version of Widgets Box. The latest version of Agreement shall prevail when the dispute occurs. If You do not agree to the change of contents, please remove Widgets Box from Your device and stop using it. If You continue to use Widgets Box, it shall be interpreted that You have consented to the changes made to the Agreement.
9.4 The heading of each section of the Agreement serves only for a more convenient reading experience, and may not be interpreted as the provisions of the Agreement.
9.5 We have the right to interpret and modify the Agreement to the fullest extent as permitted by law.
10.EULA
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.
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.