END USER LICENSE AGREEMENT
This End User License Agreement (EULA) by and between Summit Point Software, LLC (“Licensor”) and you.
This is a legally binding contract between Licensor and you. By downloading one of Licensor’s Applications, you confirm that you agree to be bound by this contract.
“Applications” is defined as any of the applications available for download on the Apple App Store.
“Documentation” means any electronic or printed materials that accompany the Software that provide instructions for the installation, operation, and maintenance of the Software.
“You” , “Your” mean you as an individual or an employee or agent of a legal entity that is authorized to represent and legally bind such entity to these Terms.
“Terms” is defined by the terms of service in this End User License Agreement.
“Licensed User” means an individual with a valid copy of the Software that has accepted these terms and agreements.
“Software” means the software used in one the Applications.
“Your iPhone’s Data” means any and all data stored on your iPhone or iPad that can be accessed by open iOS APIs controlled by Apple, Inc
“We”, “Us”, “Our” means any Software produced by Licensor.
III. Grant of License
You are granted a non-transferable, non-exclusive, non-sublicensable license to use the Software subject to your full compliance with the rules and restrictions below. Upon agreement of the terms and services, you will also be entitled to future updates of the version of the Software you have obtained, at the price then in effect on the App Store, which implies agreement to the terms and services. This license is limited to any iPhone, iPad, or iPod Touch that you own or control as permitted by the Usage Rules set forth in the App Store Terms of Service.
You shall not, in whole or in part, copy, reproduce, transfer, alter, modify, or create derivative works from the Software. In addition, you shall not translate, reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code, alter or modify the Software, or remove any portion thereof. Furthermore, you shall also not remove, alter, cover, or obfuscate any copyright notices or other proprietary rights placed on or embedded in the Software or in any Documentation. In addition, you shall not sell, resell for a profit, rent, lease, or lend the Software or Documentation or sell it as part of or as a whole commercial service, or for illegal purposes. Finally, you shall not use the Software or Documentation or a component thereof to enable copyright protection, circumvention, or to violate or circumvent in any manner any copyright, content protection scheme, or content copy policies, and you shall not cause or permit any other person to do so.
IV. Maintenance and Support
Licensor is solely responsible for providing any maintenance and support services with respect to the Software, as specified in this EULA, or as required under applicable law. Apple, Inc. has no obligation to furnish any maintenance and support services with respect to the Software.
WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND WITHOUT LIMITATION TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, RELIABILITY, QUALITY OF SERVICE, OR THAT THE SOFTWARE WILL BE FREE OR ERRORS OR UNINTERRUPTED. WE ARE NOT LIABLE FOR ANY DAMAGES TO YOUR COMPUTER, IPHONE, IPAD, OR IPOD TOUCH, DATA LOSS, OR ANY MATERIAL LOSS. YOU UNDERSTAND THAT YOU USE THE SOFTWARE AT YOUR OWN DISCRETION AND RISK. IN THE EVENT OF ANY FAILURE OF THE SOFTWARE TO CONFORM TO ANY WARRANTY NOT HEREIN DISCLAIMED, YOU MAY NOTIFY APPLE, AND APPLE WILL, AT ITS DISCRETION, REFUND THE PURCHASE PRICE FOR THE SOFTWARE TO YOU. IN THAT EVENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WITH RESPECT TO THE SOFTWARE.
VI. Limitation of Liability
Under no circumstances – including, without limitation – negligence, contract breach or strict liability, shall we be liable for any direct, indirect, incidental, special, or consequential damages, including loss of data or theft of your iPhone, iPad, or iPod Touch, or its data, resulting from your use of or the inability to use the Software or for any other reason. Notwithstanding the foregoing, any damages shall not exceed the cost of your license.
You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, members, shareholders, partners, agents, and suppliers, and their respective affiliates, officers, directors, employees, members, shareholders, partners, and agents from any and all claims and expenses including attorneys’ fees, arising out of your use of the Software, including but not limited to your violation of the EULA. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you.
VIII. Intellectual Property Rights
We retain all ownership of all proprietary rights in or associated with the Software, including all copyrights, trade secrets, patents and other intellectual property rights protected by the United States and international copyright and other intellectual property laws and international trade provisions. In the event of any third party claim that the Software or your use and possession of the Software infringes that third party’s intellectual property rights, we may, at our sole discretion, assume the exclusive investigation, defense, settlement, and discharge of the claim.
IX. Legal Compliance
You represent and warrant that you (i) are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) that you are not listed on any U.S. Government list of prohibited or restricted parties.
X. Developer Name and Address
The name and address to which any end-user questions, complaints or claims with respect to the Software shall be directed is: Summit Point Software, LLC, 697 Emerald Ridge, Roseville, MN 55113.
XI. Third Party Beneficiary
You acknowledge that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.
The terms of this EULA constitute the entire agreement between you and Licensor and supersede any prior or contemporaneous agreements, communications and/or understandings, written or oral, concerning the subject matter hereof. If any provision of this EULA shall be held to be invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permitted by law and the remaining provisions shall not be affected. This EULA is governed by the laws of the State of Minnesota without reference to conflicts of laws provisions. Venue shall be in any state or federal court located in Ramsey County, Minnesota and you irrevocably consent to the personal and exclusive jurisdiction of, and venue in, such courts, and waive any objection to any proceeding brought in any such court. Licensor shall not be responsible for any delay, interruption, or failure to perform under this EULA due to acts beyond Licensor’s reasonable control.