End User License Agreement
1. Acknowledgement
You and the Licensor acknowledge that this EULA is concluded between you and the Licensor only, and not with Apple Inc. ("Apple"). The Licensor, not Apple, is solely responsible for the Application and its content.
2. Scope of License
The Licensor grants you a limited, non-exclusive, non-transferable, revocable license to use the Application on any Apple-branded device that you own or control, and as permitted by the Mac App Store Terms of Service. You may not distribute or make the Application available over a network where it could be used by multiple devices at the same time.
You may not rent, lease, lend, sell, redistribute, or sublicense the Application. You may not copy (except as expressly permitted by this license), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof.
3. Maintenance and Support
The Licensor is solely responsible for providing maintenance and support services with respect to the Application, as specified in this EULA or as required under applicable law. You and the Licensor acknowledge that Apple has no obligation to furnish any maintenance and support services with respect to the Application.
4. Warranty
THE APPLICATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application (if any) to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the Licensor's sole responsibility.
5. Product Claims
You and the Licensor acknowledge that the Licensor, not Apple, is responsible for addressing any claims you have or any claims of any third party relating to the Application or your possession and/or use of the Application, including but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
6. Intellectual Property Rights
In the event of any third-party claim that the Application or your possession and use of the Application infringes a third party's intellectual property rights, the Licensor, not Apple, will be solely responsible for the investigation, defence, settlement, and discharge of any such intellectual property infringement claim.
7. Legal Compliance
You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Third-Party Terms of Agreement
You must comply with applicable third-party terms of agreement when using the Application. For example, if you are using a VoIP application, you must not be in violation of their wireless data service agreement when using the Application.
9. Apple as Third-Party Beneficiary
You and the Licensor acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this EULA, and that upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof.
10. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL 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 OR INABILITY TO USE THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Governing Law
This EULA will be governed by the laws of the jurisdiction in which the Licensor resides, excluding its conflicts of law provisions.
12. Contact Information
Questions, complaints, or claims with respect to the Application should be directed to:
Ron Yahav
support@ronyahav.com
ronyahav.com/apps/beaver