By downloading the Licensed Application from
Apple's software distribution
platform ( "App Store" ) and
Google's software
distribution platform ( "Play
Store" ) , and any update thereto (as permitted by this
License
Agreement), You indicate that You agree to be bound by all of
the terms and conditions of this
License
Agreement, and that You accept this
License
Agreement. App Store and Play
Store are referred to in this
License
Agreement as
"Services."
The parties of this
License
Agreement acknowledge that the Services are not a Party to this
License
Agreement and are not bound by any provisions or obligations
with regard to the Licensed Application, such as warranty,
liability, maintenance and support thereof.
Eclectic Services LLC , not the
Services, is solely responsible for the Licensed Application and
the content thereof.
TABLE OF CONTENTS
The Licensed Application is not tailored to comply with
industry-specific regulations (Health Insurance Portability and
Accountability Act (HIPAA), Federal Information Security
Management Act (FISMA), etc.), so if your interactions would be
subjected to such laws, you may not use this Licensed
Application. You may not use the Licensed Application in a way
that would violate the Gramm-Leach-Bliley Act (GLBA).
2.2 This
license
will also govern any updates of the Licensed
Application provided by Licensor that
replace, repair, and/or supplement the first
Licensed Application, unless a separate
license
is provided for such update, in which case
the terms of that new
license
will govern.
2.3 You may not share or make the
Licensed Application available to third
parties (unless to the degree allowed by the
Usage Rules, and with
Eclectic Services LLC 's prior written consent), sell, rent, lend,
lease or otherwise redistribute the Licensed
Application.
2.4 You may not reverse engineer,
translate, disassemble, integrate,
decompile, remove, modify, combine, create
derivative works or updates of, adapt, or
attempt to derive the source code of the
Licensed Application, or any part thereof
(except with
Eclectic Services LLC 's prior written consent).
2.5 You may not copy (excluding when
expressly
authorized
by this
license
and the Usage Rules) or alter the Licensed
Application or portions thereof. You may
create and store copies only on devices that
You own or control for backup keeping under
the terms of this
license , the Usage Rules, and any other terms and
conditions that apply to the device or
software used. You may not remove any
intellectual property notices. You
acknowledge that no
unauthorized
third parties may gain access to these
copies at any time. If you sell your Devices
to a third party, you must remove the
Licensed Application from the Devices before
doing so.
2.6 Violations of the obligations
mentioned above, as well as the attempt of
such infringement, may be subject to
prosecution and damages.
2.7 Licensor reserves the right to
modify the terms and conditions of
licensing.
2.8 Nothing in this
license
should be interpreted to restrict
third-party terms. When using the Licensed
Application, You must ensure that You comply
with applicable third-party terms and
conditions.
3. MAINTENANCE AND SUPPORT
3.1 The Licensor is solely responsible for providing any
maintenance and support services for this Licensed Application.
You can reach the Licensor at the email address listed in the
App Store or
Play Store
Overview for this Licensed Application.
4. USE OF DATA
You acknowledge that the Licensor may periodically collect and
use technical data and related information about your device,
system, and application software, and peripherals, offer product
support, facilitate the software updates, and for purposes of
providing other services to you (if any) related to the Licensed
Application. Licensor may also use this information to improve
its products or to provide services or technologies to you, as
long as it is in a form that does not personally identify
you.
5. USER-GENERATED CONTRIBUTIONS
1. The creation, distribution, transmission, public display, or
performance, and the accessing, downloading, or copying of your
Contributions do not and will not infringe the proprietary
rights, including but not limited to the copyright, patent,
trademark, trade secret, or moral rights of any third
party.
2. You are the creator and owner of or have the necessary
licenses , rights, consents, releases, and permissions to use and to
authorize
us, the Licensed Application, and other users of the Licensed
Application to use your Contributions in any manner contemplated
by the Licensed Application and this
License
Agreement.
3. You have the written consent, release, and/or permission of
each and every identifiable individual person in your
Contributions to use the name or likeness or each and every such
identifiable individual person to enable inclusion and use of
your Contributions in any manner contemplated by the Licensed
Application and this
License
Agreement.
4. Your Contributions are not false, inaccurate, or
misleading.
5. Your Contributions are not unsolicited or
unauthorized
advertising, promotional materials, pyramid schemes, chain
letters, spam, mass mailings, or other forms of
solicitation.
6. Your Contributions are not obscene, lewd, lascivious,
filthy, violent, harassing,
libelous , slanderous, or otherwise objectionable (as determined by
us).
7. Your Contributions do not ridicule, mock, disparage,
intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in
the legal sense of those terms) any other person and to promote
violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law,
regulation, or rule.
10. Your Contributions do not violate the privacy or publicity
rights of any third party.
11. Your Contributions do not violate any applicable law
concerning child pornography, or otherwise intended to protect
the health or well-being of minors.
12. Your Contributions do not include any offensive comments
that are connected to race, national origin, gender, sexual
preference, or physical handicap.
13. Your Contributions do not promote or encourage any illegal behavior, including but not limited to vandalism, theft, trespassing, violent crimes, drug trafficking, cybercrime, or any other unlawful activities.
14. Your Contributions do not otherwise violate, or link to
material that violates, any provision of this
License
Agreement, or any applicable law or regulation.
Any use of the Licensed Application in violation of the
foregoing violates this
License
Agreement and may result in, among other things, termination or
suspension of your rights to use the Licensed Application.
7. CONTRIBUTION
LICENSE
By posting your Contributions to any part of the Licensed
Application or making Contributions accessible to the Licensed
Application by linking your account from the Licensed
Application to any of your social networking accounts, you
automatically grant, and you represent and warrant that you have
the right to grant, to us an unrestricted, unlimited,
irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and
license
to host, use copy, reproduce, disclose, sell, resell, publish,
broad cast, retitle, archive, store, cache, publicly display,
reformat, translate, transmit, excerpt (in whole or in part),
and distribute such Contributions (including, without
limitation, your image and voice) for any purpose, commercial
advertising, or otherwise, and to prepare derivative works of,
or incorporate in other works, such as Contributions, and grant
and authorize sublicenses
of the foregoing. The use and distribution may occur in any
media formats and through any media channels.
This license
will apply to any form, media, or technology now known or
hereafter developed, and includes our use of your name, company
name, and franchise name, as applicable, and any of the
trademarks, service marks, trade names, logos, and personal and
commercial images you provide. You waive all moral rights in
your Contributions, and you warrant that moral rights have not
otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You
retain full ownership of all of your Contributions and any
intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any
statements or representations in your Contributions provided by
you in any area in the Licensed Application. You are solely
responsible for your Contributions to the Licensed Application
and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us
regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to
edit, redact, or otherwise change any Contributions; (2) to
recategorize
any Contributions to place them in more appropriate locations in
the Licensed Application; and (3) to prescreen or delete any
Contributions at any time and for any reason, without notice. We
have no obligation to monitor your Contributions.
7. LIABILITY
8. WARRANTY
(i) product liability claims;
(ii) any claim that the Licensed Application fails to
conform to any applicable legal or regulatory requirement;
and
(iii) claims arising under consumer protection, privacy, or
similar legislation , including in connection with Your Licensed
Application’s use of the HealthKit and HomeKit .
10. LEGAL COMPLIANCE
You represent and warrant that You are not located in a
country that is subject to a US Government embargo, or that
has been designated by the US Government as a
"terrorist
supporting"
country; and that You are not listed on any US Government
list of prohibited or restricted parties.
11. CONTACT INFORMATION
For general inquiries, complaints, questions or claims
concerning the Licensed Application, please contact:
12. TERMINATION
The license
is valid until terminated by
Eclectic Services LLC or by You.
Your rights under this
license
will terminate automatically and without notice from
Eclectic Services LLC if You
fail to adhere to any term(s) of this
license . Upon License
termination, You shall stop all use of the Licensed
Application, and destroy all copies, full or partial, of the
Licensed Application.
In Accordance with Section 9 of the
"Instructions for Minimum Terms
of Developer's End-User License Agreement,"
both Apple and Google and
their subsidiaries shall be
third-party beneficiaries of this End User
License
Agreement and — upon Your acceptance of the terms and conditions
of this License
Agreement, both Apple and
Google will have the right (and
will be deemed to have accepted the right) to enforce this End
User License
Agreement against You as a third-party beneficiary thereof.
This License
Agreement is governed by the laws of
the State of
Arizona excluding its conflicts of
law rules.