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.