End User Licence Agreement
Ster Software BV
Apps made available through the App Store are licensed to you, not sold. Your licence for each App is subject to your prior acceptance of this Licensed Application End User Licence Agreement (“Standard EULA”), or a custom end user licence agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your licence for any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your licence for 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 the licence
The Licensor grants you a non-transferable licence to use the Licensed Application on Apple devices that you own or control, and as permitted by the Usage Rules. The terms of this Standard EULA apply to any content, materials or services accessible from or purchased within the Licensed Application, as well as to upgrades provided by the Licensor that replace or supplement the original Licensed Application, unless such an upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute the Licensed Application or make it available over a network where it can be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application. If you sell your Apple device to a third party, you must remove the Licensed Application from the device before doing so. You may not copy the Licensed Application (except as permitted by this licence and the Usage Rules), 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.
b. Consent to use of data
You agree that the Licensor may collect and use technical data and related information — including 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. The Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
c. Termination
This Standard EULA is effective until terminated by you or the Licensor. 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 services and websites of the Licensor and/or third parties (collectively and individually, “External Services”). You agree to use the External Services at your sole risk. The Licensor is 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. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by the Licensor or its agents. 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 the Licensor or any third party. The Licensor reserves 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 THE LICENSOR HEREBY DISCLAIMS 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, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
f. Limitation of liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION. In no event shall the Licensor’s total liability to you for all damages exceed the amount of fifty dollars ($50.00).
g. Export restrictions
You may not use, export or re-export the Licensed Application except as authorised by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, the Licensed Application may not be exported or re-exported to any countries subject to a U.S. embargo, or to anyone on the Specially Designated Nationals List of the U.S. Treasury Department or the Denied Persons List or Entity List of the U.S. Department of Commerce.
h. Commercial government end users
The Licensed Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
i. Applicable law
Except as expressly provided in the following paragraph, this agreement and the relationship between you and Apple shall be governed by the laws of the State of California, 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.
The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from application to this agreement.
Ster Software
The most complete knowledge platform on artificial intelligence.
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