This Licensed App is distributed through the Apple App Store (IOS) and the Google Play Store (Android) mobile app distribution platforms. We are legally obliged to include the following Google and Apple terms in this EULA.
17.1 GOOGLE PLAY STORE (Android devices)
Where you have downloaded the Licensed App from the Google Play Store, your use of Google’s services through which you can buy, get, license, rent or subscribe to content, apps and other in-app services are governed by the following terms: https://policies.google.com/terms
17.2 APP STORE - Apple (iOS branded products)
Where you have downloaded the Licensed App from the App Store and are using it on an Apple branded / iOS product, the following terms and conditions apply:
a. Acknowledgement
You and we both acknowledge that this EULA is concluded between OS and you, and not with Apple, and OS (not Apple), is solely responsible for the Licensed App and the content thereof.
b. Scope of License
The licence granted to you for the Licensed App is limited to a non-transferable licence to use the Licensed App on any Apple-branded products that you own or control, and as permitted by the ‘Usage Rules’ set forth in Apple Media Services Terms and Conditions, except that such Licensed App may be accessed and used by other accounts associated with the purchaser via Apple’s ‘Family Sharing’ or volume purchasing rights.
c. Apple Media Services Terms and Conditions
Your use of Apple’s services through which you can buy, get, license, rent or subscribe to content, apps and other in-app services are governed by the following terms: http://www.apple.com/legal/itunes/us/terms.html#APPS
d. Maintenance and Support
OS is solely responsible for providing any maintenance and support services with respect to the Licensed App. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed App.
e. Warranty
Apple excludes any warranty obligation whatsoever with respect to the Licensed App, to the maximum extent permitted by law.
f. Product Claims
Apple are not responsible for addressing any claims by you or any third party relating to the Licensed App or your possession and/or use of the Licensed App, including, but not limited to:
i. product liability claims;
ii. any claim that the Licensed App fails to conform to any applicable legal or regulatory requirement; and
iii. claims arising under consumer protection, privacy, or similar legislation.
g. Intellectual Property Rights
In the event of any third party claim that the Licensed App or your possession and use of that Licensed App infringes a third party’s intellectual property rights, we, (and not Apple) shall be responsible for the investigation, defence, settlement and discharge of any such claim.
h. 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.
i. Third Party Beneficiary
Notwithstanding paragraph 16 above, you and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon your acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third party.