Terms Of Service

Introduction

The applications ("Licensed Applications") available through our platform are licensed, not sold, to you. Your license to each Licensed Application is subject to your prior acceptance of this Licensed Application End User License Agreement ("Standard EULA"). Our company reserves all rights in and to the Licensed Applications not expressly granted to you under this Standard EULA.

a. Scope of License

We grant you a nontransferable license to use the Licensed Application on any device that you own or control, as permitted by the Usage Rules. This Standard EULA governs any content, materials, or services accessible from or purchased within the Licensed Application, as well as upgrades provided by us that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. You may not distribute the Licensed Application over a network where it could be used by multiple devices simultaneously. You may not copy, 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 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 we 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. We may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.

c. Termination

This Standard EULA is effective until terminated by you or us. 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 our and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. We are 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. 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 us or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten, or defame any person or entity, and we are 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. We reserve 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 WE HEREBY DISCLAIM 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. 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 WE BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, 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 WE HAVE 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.

g. Export Control

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. 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.

h. Commercial Items

The Licensed Application and related documentation are "Commercial Items," as that term is defined under the laws of the United States.

i. Applicable Law

Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and us shall be governed by the laws of the State of [Your State], excluding its conflicts of law provisions. 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 the United Nations Convention on the International Sale of Goods.