Source:
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.
Source:
EULA