Standard EULA
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 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.
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 govern 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. If you sell your Apple Device to a third party, you must remove the Licensed Application before doing so. You may not copy, reverse-engineer, disassemble, attempt to derive source code, modify, or create derivative works of the Licensed Application, its updates, or any part thereof, except where such restriction is prohibited by applicable law or permitted by licensing terms governing open-source components.
Consent to Use of Data
You agree that Licensor may collect and use technical data and related information, including technical information about your device, system and application software, and peripherals, gathered periodically to facilitate software updates, product support, and other services related to the Licensed Application. Licensor may use this information, as long as it does not personally identify you, to improve its products or provide services or technologies.
Termination
This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA terminate automatically if you fail to comply with any of its terms.
External Services
The Licensed Application may enable access to Licensor’s and/or third-party services and websites (“External Services”). You agree to use External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of third-party External Services and shall not be liable for them. Data displayed by any Licensed Application or External Service, including financial, medical, and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents.
You will not use External Services in a manner inconsistent with this Standard EULA or that infringes intellectual-property rights. You agree not to use External Services to harass, abuse, stalk, threaten, or defame any person or entity. External Services may not be available in all languages, countries, or locations. You are responsible for compliance with applicable laws. Licensor may change, suspend, remove, disable, or limit External Services at any time without notice or liability.
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 SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. LICENSOR DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS, INCLUDING MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NONINFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE CREATES A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE COST OF NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THESE EXCLUSIONS OR LIMITATIONS, SO THEY MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, LICENSOR SHALL NOT BE LIABLE FOR PERSONAL INJURY OR INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER COMMERCIAL DAMAGES OR LOSSES ARISING FROM YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO THEY MAY NOT APPLY TO YOU.
In no event shall Licensor’s total liability to you for all damages, other than as required by applicable law in cases involving personal injury, exceed fifty dollars ($50.00). These limitations apply even if the stated remedy fails of its essential purpose.
Export Compliance
You may not use, export, or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction where the Licensed Application was obtained. The Licensed Application may not be exported or re-exported into U.S.-embargoed countries or to anyone on applicable U.S. government restricted-party lists. By using the Licensed Application, you represent that you are not located in such a country or on such a list and will not use the product for purposes prohibited by United States law.
U.S. Government End Users
The Licensed Application and related documentation are “Commercial Items,” as defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation.” Consistent with applicable federal regulations, they are licensed to U.S. Government end users only as Commercial Items and only with the rights granted to all other end users under these terms. Unpublished rights are reserved under United States copyright laws.
Governing Law
Except as expressly provided below, this Agreement and the relationship between you and Apple are governed by the laws of the State of California, excluding conflict-of-law provisions. You and Apple agree to the personal and exclusive jurisdiction of courts located in Santa Clara County, California, to resolve disputes arising from this Agreement.
If you are a citizen of a European Union country, Switzerland, Norway, or Iceland, the governing law and forum are the laws and courts of your usual place of residence. The United Nations Convention on the International Sale of Goods is specifically excluded.