FLYZED.ORG iOS APPLICATIONS
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, any updates, or any part thereof (except as and only to the
extent that any foregoing restriction is prohibited by applicable law or to
the extent as may be permitted by the licensing terms governing use of any
open-sourced components included with the Licensed Application).
b. Consent to Use of Data: You agree that Licensor may collect and use
technical data and related information—including but not limited to
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. 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 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
Licensor’s and/or third-party services and websites (collectively
and individually, "External Services"). You agree to use the External
Services at your sole risk. 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 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 Licensor or any third party.
You agree not to use the External Services to harass, abuse, stalk,
threaten or defame any person or entity, and that Licensor is not
responsible for any such use. External Services may not be available in
all languages or in your Home Country, and may not be appropriate or
available for use in any particular location. To the extent you choose
to use such External Services, you are solely responsible for compliance
with any applicable laws. 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 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, OF SATISFACTORY
QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY,
OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY
RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY
LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A
WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES
PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS
ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE
ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED
BY LAW, IN NO EVENT SHALL 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, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF
LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF
LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION
OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT
APPLY TO YOU. In no event shall Licensor’s total liability to
you for all damages (other than as may be required by applicable
law in cases involving personal injury) exceed the amount of
fifty dollars ($50.00). The foregoing limitations will apply
even if the above stated remedy fails of its essential purpose.
g. You may not use or otherwise export or re-export the Licensed
Application except as authorized by United States law and the
laws of the jurisdiction in which the Licensed Application was
obtained. In particular, but without limitation, the Licensed
Application may not be exported or re-exported (a) into any
U.S.-embargoed countries or (b) to anyone on the U.S. Treasury
Department's Specially Designated Nationals List or the U.S.
Department of Commerce Denied Persons List or Entity List.
By using the Licensed Application, you represent and warrant
that you are not located in any such country or on any such list.
You also agree that you will not use these products for any
purposes prohibited by United States law, including, without
limitation, the development, design, manufacture, or production
of nuclear, missile, or chemical or biological weapons.
h. 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", as such terms are used in
48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable.
Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1
through 227.7202-4, as applicable, the Commercial Computer
Software and Commercial Computer Software Documentation are
being 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. Unpublished-rights reserved under the
copyright laws of the United States.
i. Except to the extent 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. You and Apple agree
to submit to the personal and exclusive jurisdiction of the
courts located within the county of Santa Clara, California,
to resolve any dispute or claim arising from this Agreement.
If (a) you are not a U.S. citizen; (b) you do not reside in
the U.S.; (c) you are not accessing the Service from the U.S.;
and (d) you are a citizen of one of the countries identified
below, you hereby agree that any dispute or claim arising from
this Agreement shall be governed by the applicable law set forth
below, without regard to any conflict of law provisions, and
you hereby irrevocably submit to the non-exclusive jurisdiction
of the courts located in the state, province or country
identified below whose law governs:
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.
Specifically excluded from application to this Agreement is
that law known as the United Nations Convention on the
International Sale of Goods.