Terms and conditions
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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.
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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).
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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.
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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.
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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.
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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.
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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.
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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:
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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.
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Specifically excluded from application to this Agreement is that law known as the
United Nations Convention on the International Sale of Goods.