LICENSED APPLICATION END USER LICENSE AGREEMENT

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.