LICENSED APPLICATION END USER LICENSE AGREEMENT

Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided.

Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.

a. Scope of License
Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA.

Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, 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 Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application or any updates (except where prohibited by law or covered by open-source licensing).

b. Consent to Use of Data
You agree that Licensor may collect and use technical data and related information—including but not limited to information about your device, system and application software, and peripherals—that is gathered periodically to facilitate software updates, support, and services. Licensor may use this information in a form that does not personally identify you.

c. Termination
This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with its terms.

d. External Services
The Licensed Application may enable access to Licensor’s and/or third-party services and websites ("External Services"). You agree to use these services at your own risk. Licensor is not responsible for content or accuracy of third-party services and disclaims liability for them.

You agree not to misuse External Services or infringe any intellectual property rights. External Services may not be available in all locations or languages, and Licensor reserves the right to modify or restrict them at any time.

e. NO WARRANTY
YOU ACKNOWLEDGE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE LICENSED APPLICATION AND RELATED SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND.

LICENSOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION GIVEN BY LICENSOR SHALL CREATE A WARRANTY.

SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU.

f. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, LICENSOR SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL LICENSOR’S TOTAL LIABILITY EXCEED FIFTY DOLLARS ($50.00), EXCEPT WHERE OTHERWISE REQUIRED BY LAW.

g. Export Compliance
You may not use or export the Licensed Application except as authorized by U.S. law. You represent that you are not located in a U.S.-embargoed country or listed on any U.S. government restricted list.

You agree not to use the Licensed Application for any prohibited purposes including weapons development.

h. U.S. Government Rights
The Licensed Application and related materials are “Commercial Items” as defined in 48 C.F.R. §2.101, and are licensed with only those rights granted to other users per this EULA. All rights reserved under U.S. copyright law.

i. Governing Law
Except as noted below, this EULA is governed by the laws of California. You and Apple agree to exclusive jurisdiction in Santa Clara County, California.

If you are not a U.S. citizen or resident, and are a citizen of an EU country, Switzerland, Norway, or Iceland, your local laws and courts will apply instead.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to this EULA.