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. App Takeoff 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
.
1 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
.
2 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 App Takeoff LLC 's prior written consent).
2
.
3 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
.
4 Violations of the
obligations mentioned above, as well as the attempt of such infringement, may be
subject to prosecution and damages.
2
.
5 Licensor reserves the
right to modify the terms and conditions of licensing.
2
.
6 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. TECHNICAL
REQUIREMENTS
4. MAINTENANCE AND
SUPPORT
4.1 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.
5. 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.
6. 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 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.
8.
LIABILITY
9.
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
.
11. 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.
12. CONTACT
INFORMATION
For general inquiries, complaints, questions or
claims concerning the Licensed Application, please contact:
13.
TERMINATION
The license is valid until terminated by App
Takeoff LLC or by You. Your rights under this license will terminate automatically and without notice from
App Takeoff 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 __________
excluding its conflicts of law rules.