License agreement for mobile apps

Available apps in App Store will be licentiate and non sold. The license in each app is subjected to their previous acceptation of this License agreement for the final user for licensed apps (“standard EULA”). Its license to any Apple App below this EULA is given by Apple and its license to any App of third parties below this EULA is given by the Supplier of third parties apps. Any app subjected to this EULA is referred from now on as “Licensed app”. The Supplier of the app or Apple, whenever is implemented, (“Licensee”) all the rights are reserved in and for Licensed Apps, that are not granted expressly under this EULA.

  1. Scope of License: Licensee grants you a non-transferable license to use the Licensed Application on any Apple product that you own or control and as permitted under the Usage Rules. The Terms of this standard EULA will govern any content, materials or services accessible from or purchased inside the licensed application, in addition to updates provided by Licensee that replace or supplement the licensed application. Except as indicated in the Usage Rules, you may not distribute or make a provision of a red license application where you can use multiple devices at the same time. You may not cancel, 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 Rules of Use), reverse engineer, disassemble, or attempt to derive the source code, modify, or create derivative works of the licensed application, any updates, or any part thereof (except and only to the extent that any prior restrictions are prohibited by applicable law or to the extent permitted by the license terms that govern the use of any open source components included in the Licensed Application).
  2. Consent to Data Use: You agree that Licensee may collect and use technical data and related information — including, but not limited to technical information about your device, system software, and applications and peripherals — collected to facilitate the provision of software updates, product support and other services for you (if applicable) related to the application license. Licensee may use this information, provided it is in a form that does not personally identify you, to improve its products or provide services or technologies to you.
  3. Termination: This standard EULA will be effective until you or the Licensee finished it. Your rights under this standard EULA will automatically end if you don’t follow any of its terms.
  4. External services: The licensed Application may enable access to services and web pages of the Licensee and / or third parties (collectively and individually, “External Services”). You accept the use of external Services at your own risk. Licensee is not responsible for examining or evaluating the content or accuracy of any third-party external Service and will not be responsible for any of the external third-party Services. The data displayed by any Licensed Application or External Service, including, but not limited to financial, medical or location information, is for informational purposes only and is not guaranteed by Licensee or its agents. You will not use the External Services in any way that is inconsistent with the terms of this standard EULA or that infringes the intellectual property rights of Licensee or third parties. You agree not to use the external Services to harass, abuse, stalk, threaten or defame a person or entity. The licensee will not be responsible for these uses. External Services may not be in all languages ​​or your Country of Residence, and may not be appropriate or available for use in a particular location. To the extent that you choose to use these external Services, you will be solely responsible for complying with applicable laws. Licensee reserves the right to change, suspend, remove, deactivate, or impose restrictions or limits on access to any external Service at any time without notice or liability to you.
  5. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APP WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION OR ANY SERVICE PERFORMED OR PROVIDED BY THE LICENSED APPLICATION SHALL BE PROVIDED “AS IS” AND “WHEN AVAILABLE”, WITH ALL DEFECTS, AND WITHOUT WARRANTY OF ANY KIND. THIS LICENSEE DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITHOUT LIMITATION TO, THE WARRANTIES AND / OR IMPLITIBLE CONDITIONS OF WARRANTIES AND / OR CONDITIONS. A PARTICULAR PURPOSE, PRECISION, QUIET ENJOYMENT, AND THE NON-VIOLATION OF THIRD PARTY RIGHTS. NO INFORMATION OR ADVICE, ORAL OR WRITTEN, PROVIDED BY THE LICENSEE OR ITS AUTHORIZED REPRESENTATIVE, MAY CONSTITUTE A WARRANTY. IF THE LICENSED APPLICATION OR SERVICES ARE DEFECTIVE, YOU WILL ASSUME THE TOTAL COST OF ALL MAINTENANCE, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE LEGAL CONSUMER RIGHTS, SO THE EXCLUSION AND LIMITATION SET FORTH ABOVE MAY NOT APPLY TO YOU.
  6. Limitation of Liability: TO THE EXTENT NOT PROHIBITED BY LAW, IN ANY CASE SHALL LICENSEE BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT WITHOUT LIMITATION OF, DAMAGE TO, BENEFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGE OR LOSS, WHICH MAY RESULT FROM THE USE OR INABILITY TO USE THE LICENSED APPLICATION, FOR ANY CAUSE, INDEPENDENTLY OF THE THEORY OF LIABILITY (AGREEMENT, OR ANY AGREEMENT) AND EVEN IF THE LICENSEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensee’s total liability for damages (other than what the applicable law requires in cases where there is personal injury) may exceed the amount of five dollars ($ 5.00). The above limitations will apply even if the remedy stated above fails in its essential purpose.
  7. You may not use, 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) to any country seized by the United States or (b) to anyone on the US Treasury Department’s Specially Designated Persons List. or the list of denied persons or entities from the US Department of Commerce. By using the Licensed Application, you represent and warrant that you are not located in these countries or on these lists. You also agree that you will not use these products for any purpose prohibited by United States law, including, but not limited to, the development, design, manufacture, or production of nuclear, missile, chemical, or biological weapons.
  8. The licensed application and related documents are “Trade Items” as defined in 48 CFR §2.101, and consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation” as defined in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, when applicable. In accordance with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, where applicable, Commercial Computer Software and Commercial Computer Software Documentation will be licensed to end users of the US government. (a) only as commercial Articles and (b) only with those rights granted to other end users in accordance with the terms and conditions indicated in this document. Unpublished rights reserved under the copyright laws of the United States.
  9. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple will be governed by the laws of the State of California, excluding conflict of laws provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located in Santa Clara County, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a US citizen; (b) does not reside in the US; (c) you do not access the Service from the US; 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 will be governed by the applicable law defined below, regardless of 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:
  10. If you are a citizen of any country of the European Union or Switzerland, Norway or Iceland, The governing law or forum shall be the laws and courts of your country of habitual residence.
  11. The application in this Agreement of the law known as the United Nations Convention on the International Sale of Goods is specifically excluded.

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