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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.

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