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.