The End-User License Agreement (“EULA”) is entered into by the Developer and each End-User (“End-User”) upon downloading and using this Licensed Application.
1. Acknowledgement: The End-User acknowledges the Developer and its Partners as applicable shall be known as the Developer for the purposes of this EULA. The End-User acknowledges that the EULA is concluded between the Developer and the End-User only, and not with Apple, and the Developer, not Apple, is solely responsible for the Licensed Application and the content thereof. The EULA does not provide for usage rules for Licensed Applications that are in conflict with, the App Store Terms of Service as of the Effective Date.
2. Scope of License: The license granted to the End-User for the Licensed Application must be limited to a non-transferable license to use the Licensed Application on any Apple- branded Products that the End-User owns or controls and as permitted by the Usage Rules set forth in the App Store Terms of Service.
3. Maintenance and Support: The Developer is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in the EULA, or as required under applicable law. The Developer and the End-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
4. Warranty: The Developer is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. For Paid Licensed Applications, in the event of any failure of the Licensed Application to conform to any applicable warranty, the end-user may notify Apple, and Apple will refund the purchase price for the Licensed Application to that the End-User; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the Developer sole responsibility.
5. Product Claims: The End-User acknowledges that the Developer, not Apple, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. The EULA may not limit the Developer liability to the End-User beyond what is permitted by applicable law.
6. Intellectual Property Rights: The Developer and the End-User acknowledge that, in the event of any third party claim that the Licensed Application or the End-User’s possession and use of that Licensed Application infringes that third party’s intellectual property rights, the Developer, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
7. Legal Compliance: The End-User represents and warrants that (i) he/she is 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) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer Name and Address: Kirkwood is the Developer of the Full Digital Mobile Platform that delivers the Licensed Application to End-Users directly or through its Partners. Kirkwood is located at 904 Main Street, Wilmington, MA 01887 and can be contacted at firstname.lastname@example.org
10. Third Party Beneficiary: The Developer and the End-User acknowledges and agrees that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon End- User’s 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 the End-User as a third party beneficiary thereof.
Effective Date: March 1, 2016